The problem arises because the domain name is not a likely search term to describe a good or service that is generic in nature. bounce is not bouncycastle nor is it bouncingballs, therefore the redirection is the problem.
If the domain name was set up as a shopping chanel then bounce would in effect be the name of the shop and then you would have to consider whether by naming the shop bounce does it infringe on anothers rights. Under this scenario it would be more difficult for the complainant but still it is unclear whether you can sell washing powder from your shop called bounce as it would be a very small part of your business.
The redirection makes it clear that the brand is not bounce but UnitedKingdom or Sky (as it is now) - problem.
Referring to the decision:-
8.2.8 the panel is permitted to use a measure of common sense
My comment : EURID states 'common sense does not take precedence over the rules' why would Nominet by any different given that a Nominet board member project managed the .eu for EURID
8.2.8 astronomical sums of money have been invested in the brand in the UK
My comment : surprisingly an expressive comment from the panel therefore are they trying to convince themselves
8.3.1 unfair advantage
My comment : on the balance of probability not many people would have been misdirected so given the name has a good value for being generic is it truly unfair
8.3.9 (5) the web site to which the respondent has linked the domain name has no connection with the word bounce
My comment : the name does not have to have connection ie. www.smile.co.uk has no connection with banking
Summary
The remedy of transfer to the complainant is wrong. The complainant has no more rights than anyone else, the complainant shouted the loudest and got the name. Nominet have made many mistakes but go without punishment, the registrant makes a mistake and he loses a domain name.
Three top lawyers/solicitors (experts) stated 'this is far from a clear cut case'. Is it then unfair to order a transfer...surely a remedy should be....look Mr Toth we don't think you should redirect bounce to another site... either set up a web page or give up the domain name or sell it
Lee
If the domain name was set up as a shopping chanel then bounce would in effect be the name of the shop and then you would have to consider whether by naming the shop bounce does it infringe on anothers rights. Under this scenario it would be more difficult for the complainant but still it is unclear whether you can sell washing powder from your shop called bounce as it would be a very small part of your business.
The redirection makes it clear that the brand is not bounce but UnitedKingdom or Sky (as it is now) - problem.
Referring to the decision:-
8.2.8 the panel is permitted to use a measure of common sense
My comment : EURID states 'common sense does not take precedence over the rules' why would Nominet by any different given that a Nominet board member project managed the .eu for EURID
8.2.8 astronomical sums of money have been invested in the brand in the UK
My comment : surprisingly an expressive comment from the panel therefore are they trying to convince themselves
8.3.1 unfair advantage
My comment : on the balance of probability not many people would have been misdirected so given the name has a good value for being generic is it truly unfair
8.3.9 (5) the web site to which the respondent has linked the domain name has no connection with the word bounce
My comment : the name does not have to have connection ie. www.smile.co.uk has no connection with banking
Summary
The remedy of transfer to the complainant is wrong. The complainant has no more rights than anyone else, the complainant shouted the loudest and got the name. Nominet have made many mistakes but go without punishment, the registrant makes a mistake and he loses a domain name.
Three top lawyers/solicitors (experts) stated 'this is far from a clear cut case'. Is it then unfair to order a transfer...surely a remedy should be....look Mr Toth we don't think you should redirect bounce to another site... either set up a web page or give up the domain name or sell it
Lee
