Appeal re nominet decision

[paymatters]

Thought best to remove post but thanks for feedback.

 

[max_rk]

I wore few times here before that the compliant or the response has to be comprehensive, so often it is not. The Expert or the Panel are not there to do the research, they are there to make the decision.

You may not be allowed to add new maters to the appeal, Respondent will be arguing against it. You can try especially when the border lines are not very defined, just be careful. Even if that would be seen as new material it’s better that Panel see it. I sounds like your compliant wasn’t strong.

 

[paymatters]

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[max_rk]

Miles,

In that case you should be allowed to expand on issues you gave in your original complaint. You could also consider filing another DRS if you have something more substantial that wasn’t covered in first complaint. You make it sound that there is clear evidence of abusive registration or abusive use but why the Expert did not see that?

 

[paymatters]

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[paymatters]

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[max_rk]

you need to provide plethora of things to Expert to convince that domain is abusive , rightly so. Anonymous hosts does not confirm anything in my opinion. Has he been using correct details for WHOIS, if not this could work in your favour massively.

 

[martin-s]

Have you thought about using SEO to solve the problem?

You wouldn't even have to attack their site with negative SEO - you could just deluge the search results with profiles and pages for your business from other websites?

Search for "reputation management SEO"

 

[namealot]

Believing (even knowing) and proving in a court are very different things sounds like either you have no proof or the barrister is crap http://www.legislation.gov.uk/ukpga/1968/60/section/21 if you do then what you describe pretty much falls into blackmail etc That’s a criminal matter wouldn’t cost you a penny as CPS prosecutes? Also reporting restrictions so little or no publicity unless you want it

Also Fake customer reviews , fake Facebook accounts, slanderous YouTube videos, accusations of criminal wrong doing? How are these relevant to the name that they own? All of the above can all be done without the name?

 

[Systreg]

That’s a criminal matter wouldn’t cost you a penny as CPS prosecutes?

The problem is, the person doing everything mentioned above, isn't located in the UK.

 

[Murray]

numerous examples of other bad faith activities he was performing ie fake customer reviews , fake Facebook accounts, slanderous YouTube videos, false accusations of criminal wrong doing all designed to lose me clients.

Can I ask what you think their goal is?

Is it a personal vendetta against yourself or is it money driven? is he trying to make money from unhappy previous customers of yours or?

 

[paymatters]

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[paymatters]

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[paymatters]

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[Retired_member41]

Pm replaced post

 

[namealot]

The problem is, the person doing everything mentioned above, isn't located in the UK.

Doesn’t matter where they are you start by reporting the crime ? Starts ball rolling for extradition , trail in absentia, getting ISP to block site etc applying to courts to suspend a site during legal preceding nom probably also have rules for sites used in connection with criminal activity regardless of where they are of if they would ever be made accountable ? You need to report it first?

 

[Retired_Member38]

Doesn’t matter where they are you start by reporting the crime ? Starts ball rolling for extradition , trail in absentia, getting ISP to block site etc applying to courts to suspend a site during legal preceding nom probably also have rules for sites used in connection with criminal activity regardless of where they are of if they would ever be made accountable ? You need to report it first?

OP - its crap posts like this which really show why you shouldn't take legal advice from a free forum.

You've got (or had) professional paid advice, backed by their indemnity insurance if needed. Go listen to the pros!!

 

[namealot]

OP - its crap posts like this which really show why you shouldn't take legal advice from a free forum.

You've got (or had) professional paid advice, backed by their indemnity insurance if needed. Go listen to the pros!!

If you have firm evidence use the proper channels the op has stated the person uses “Face book accounts, slanderous You Tube video etc” what exactly does going to nom achieve in removing them you think they have power over them for a legal council to suggest that as a route is not tackling the problem at all ?

Council’s opinion is not law It would need to be trailed out in a court and fail for you to attempt indemnity insurance and they are not proposing that? So good luck trying indemnity insurance against an opinion not trailed out ?

 

[martin-s]

He says he has lots of funds to support this, so call his bluff. Either he doesn't and you have nothing to worry about, or he does and therefore can afford substantial damages.

You can prove damages right?

 

[diablo]

The problem is, the person doing everything mentioned above, isn't located in the UK.

The domain name is registered to a UK address.

Given the seriousness of the accusations, I cannot understand why this isn't going to court - DRS was not the right choice in this instance.