13b of the Procedure

[grandin]

Last weds I emailed Nominet DRS stating I was going to submit under 13b but they informed me by return email that the expert had already sent them the electronic version of the decision. They said they would release the decision on recieving the hard copy....Solicitors send info DX so that makes thursday for the hard copy to arrive at Nominet....now we are at the following weds...

Are all Nominet DRS staff on holiday as they haven't replied to several emails (regarding the above issue)..

Has any of you been in contact with Nominet DRS over the last few days...?

Lee

 

[Beasty]

Last weds I emailed Nominet DRS stating I was going to submit under 13b but they informed me by return email that the expert had already sent them the electronic version of the decision. They said they would release the decision on recieving the hard copy....Solicitors send info DX so that makes thursday for the hard copy to arrive at Nominet....now we are at the following weds...

Are all Nominet DRS staff on holiday as they haven't replied to several emails (regarding the above issue)..

Has any of you been in contact with Nominet DRS over the last few days...?

Lee

Yes. They are not all on holiday, but due to holidays they have been quite short staffed for the past couple of weeks. I should add that the DRS staff at Nominet are first rate and very helpful - and I am not just saying that in case they read this thread...

BTW - Nominet are not on the DX, they rely on the post.

 

[grandin]

Nominet Staff

Nomient staff are very helpful and the drs mediators are particularly good....At the end of the day the Directors are liable for the actions of the company, is that right or likely to change with some pending action by a board resolution?

Lee

 

[grandin]

Exception Circumstances

Interesting....

17. Communication of Decision to Parties and Implementation of Decision

a. Within three (3) Days of our receipt of a Decision from the Expert, we will communicate the full text of the Decision to each Party and the date for the implementation of the Decision in accordance with the Policy.

Nominet claimed to have recieved the decision in electronic format on or before last weds....

On Nominet's reply today they should have specified the exceptional circumstances for the delay, and beasty planned holiday is not exceptional

Lee

 

[bb99]

In the case of a decision, surely the electronic one is the same as the hard copy - it's not like a submission where there may be paper appendices.

So I don't see why can't they just forward it on when they get it in (presumably) word or PDF format.

Lee, is this one of the ones where you are the complainant?

 

[Beasty]

Interesting....

17. Communication of Decision to Parties and Implementation of Decision

a. Within three (3) Days of our receipt of a Decision from the Expert, we will communicate the full text of the Decision to each Party and the date for the implementation of the Decision in accordance with the Policy.

Nominet claimed to have recieved the decision in electronic format on or before last weds....

On Nominet's reply today they should have specified the exceptional circumstances for the delay, and beasty planned holiday is not exceptional

Lee

Hi Lee

I know for a fact that Nominet do not consider themselves to be in receipt of the Decision until they have received a signed copy from the Expert - either by post or fax. I'd have thought most Experts had a scanner and could PDF and email it these days - perhaps a suggestion for Nominet to make that standard practice where possible.

Anyway, until they get that by whatever means the Expert uses to send it, they won't disclose it nor will they deem the time under Paragraph 17 to have started. In cases where you are desperate - say you have a linked case - you can try asking them to ask the Expert to fax it. I think that's about as far as they will go.

 

[Beasty]

In the case of a decision, surely the electronic one is the same as the hard copy - it's not like a submission where there may be paper appendices.

So I don't see why can't they just forward it on when they get it in (presumably) word or PDF format.

Lee, is this one of the ones where you are the complainant?

BB

I don't know why exactly they won't take the unsigned version as final - given that it is the one that gets posted online. I seriously doubt they proof read it against the electronic one. The guys running the admin are really helpful, so I guess they are just following internal policy.

 

[grandin]

Procedures

Given Nominet will not deviate from written policy then they are incorrect....

If they only deem a decision to be recieved when in hard copy then I can still submit under 13b....however, the Procedure does not confirm whether the decision has to be recieved in hard copy...it just says recieved AND given Nominet used this fact to stop a 13b submission then I would expect them to stand by the procedure i.e. submit to me within 3 days..

BB...I was the defendant in this case but posed a few important questions to the expert...AND given the expert is not limited in any way then I would expect him/her to call upon his/her legal background to answer them

The decision should help clarify some important points for all registrants

....if the decision is deemed recieved and no 13b submission can be given I could tell all now but clearly I don't know whether Nominet deemed this to be the case.....it would help if they replied in a timely manner to explain the delay i.e. exceptional circumstances

To be honest if I was the expert I don't know how I would approach the registrants assertions...

Very complicated case

Lee

 

[Beasty]

Given Nominet will not deviate from written policy then they are incorrect....

If they only deem a decision to be recieved when in hard copy then I can still submit under 13b....however, the Procedure does not confirm whether the decision has to be recieved in hard copy...it just says recieved AND given Nominet used this fact to stop a 13b submission then I would expect them to stand by the procedure i.e. submit to me within 3 days..

BB...I was the defendant in this case but posed a few important questions to the expert...AND given the expert is not limited in any way then I would expect him/her to call upon his/her legal background to answer them

The decision should help clarify some important points for all registrants

....if the decision is deemed recieved and no 13b submission can be given I could tell all now but clearly I don't know whether Nominet deemed this to be the case.....it would help if they replied in a timely manner to explain the delay i.e. exceptional circumstances

To be honest if I was the expert I don't know how I would approach the registrants assertions...

Very complicated case

Lee

Indeed that does seem somewhat like "having cake and eating it".

If it goes to Appeal then it will be important to have at least submitted the evidence during the first instance stage - even if it is rejected - since getting it in at the Appeal stage is (as you know) not at all easy.

 

[grandin]

Lets just say

Lets just say...

13b and 16d... If, after considering the submissions, the Expert finds that the complaint was brought in bad faith, for example in an attempt at Reverse Domain Name Hijacking, the Expert shall state this finding in the Decision.

 

[bb99]

I know for a fact that Nominet do not consider themselves to be in receipt of the Decision until they have received a signed copy from the Expert - either by post or fax. I'd have thought most Experts had a scanner and could PDF and email it these days - perhaps a suggestion for Nominet to make that standard practice where possible.

This is clearly an area where a rewrite of the procedure in plain English would help. With a layman's hat on, the decision in an email is surely good enough. With a legal hat on, of course you would need to wait for the signed one. Such ambuguity is not helpful

 

[grandin]

still no reply

still no reply....all I can imagine is that Nominet have gone into liquidation and so can't reply to my email....are registrants allowed to imagine?

Lee

 

[bb99]

still no reply....all I can imagine is that Nominet have gone into liquidation and so can't reply to my email....are registrants allowed to imagine?

Can't you telephone for an instant answer?

 

[grandin]

Reply

Nominet have now kindly replied and stated the hard copy has not been recieved but on this occassion they have deemed the recieved date in line with their own written procedure....they will issue me with a copy of the electronic version later today

Lee

 

[bb99]

Nominet have now kindly replied and stated the hard copy has not been recieved but on this occassion they have deemed the recieved date in line with their own written procedure....they will issue me with a copy of the electronic version later today

Fingers crossed!

 

[grandin]

rileys.co.uk

As the decision cannot be changed I can outline the basics of this one...

I was approached by the complainant with an offer to buy rileys.co.uk...

We declined to sell.

Content of an email led us to file for Trade Mark Protection and not rely solely on Nominet protection.

The Complainant filed a complaint on certain grounds...not disclosed

The Complainant did not oppose our Trade Mark application within the given period and the Trade Mark was issued after the complaint but before a decision.

Lee

 

[grandin]

rileys.co.uk

Complaint dismissed by T Willoughby but failed to deal with the issue even though his decision is based on his legal knowledge

biting tongues and swallowing a big lump seems to come to mind...

maybe next time he can answer based on his whole knowledge

Lee

 

[bb99]

Good work - look forward to reading it online when it's published.

Still waiting for the champagne appeal ....

 

[grandin]

do you mean

Do you mean champagne.co.uk appeal decision cause that overturned the original decision....

I personally think champagne has created a slightly different meaning a bit like hoover

Lee

 

[bb99]

Do you mean champagne.co.uk appeal decision cause that overturned the original decision...

That's the one - it must have appeared online very recently because it wasn't there when I last looked.