DRS Result

[sneezycheese]

DRS result received and yup, you’ve guessed it it’s another corker:

“There is no evidence to show that the Respondent registered this Domain Name with prior knowledge of the Complainant’s business or with the primary intent to block the Complainant in any way. In fact the Respondent’s evidence that he wished to use the name as part of a portfolio of names in a business plan seems more compelling… As such there is no evidence that the Respondent registered the Domain Name primarily with a view to profiting from the name in breach of the conditions of paragraph 3(a)(i)(A). I therefore reject this part of the Complainant’s claim.”

OK thanks for that

Then…

“There is from the Respondent no specific justification given for the adoption of these specific terms in this order…. I therefore draw the inferences set out that the Respondent registered the Domain Name for a purpose and that purpose was abusive, the purpose in question being to disrupt in some form the business of the Complainant. I therefore find that the Complainant succeeds in their claim under Paragraph 3(a)(i)(C).”

Somebody’s got a good imagination and of course isn’t contradicting the previous statement

So the ‘expert’ say’s “There is no evidence to show that the Respondent registered this Domain Name with prior knowledge of the Complainant’s business” then the ‘expert’ says “the Respondent registered the Domain Name for a purpose and that that purpose was abusive, the purpose in question being to disrupt in some form the business of the Complainant.”.

I’ll let you draw your own conclusions… :???:

 

[retired_member6]

What was the domain and who instigated the DRS? as this is all public record anyway. Unless of course you're looking to go to court.

 

[sneezycheese]

What was the domain and who instigated the DRS? as this is all public record anyway.

A: I'm the respondent.

Unless of course you're looking to go to court.

A: Although I'm hoping it won’t be necessary, legal action is probably inevitable.

 

[rob]

Does sound odd - do you have full info? As the DRS will be public on the nominet site anway.

 

[bb99]

Does sound odd - do you have full info? As the DRS will be public on the nominet site anway.

If it's hot off the press it won't appear on Nominet's site for a few days.

Agree it sounds odd, but you've only given us two paragraphs to go on. It's hard to make an informed judgement without the full decision.

 

[retired_member6]

DRS does intrigue me, because you'd think they'd sit down at the end of each year and amend the rules going by past judgements but they don't seem to or do they?

 

[Jay Daley]

DRS does intrigue me, because you'd think they'd sit down at the end of each year and amend the rules going by past judgements but they don't seem to or do they?

Not every year no, but every three years. Each time we do we consult extensively. We are also quite happy to receive feedback at any time, but proper emails please not just posts here.

 

[retired_member6]

That's good to hear, there's no point having judgements if they're not worked into law to ensure future buyers aren't caught in a mess that's already been sorted on numerous occasions.

And because a person might make comment in the Nominet and Sedo threads it doesn't mean it's for nominet or sedo, more that it's related comment, occasionaly however it might be that someone is wishing to attract a person's attention.

It's sometimes best and good for the forum if general questions are perused here rather than in email form to the company all the time.

 

[sneezycheese]

Upload the whole thing somewhere we can see. Posting snippets isn't going to be of use to anyone trying to give an opinion.

Understood, but I’m having to careful what I post, as my very first post on this forum was regarding this issue (in the intro. section – “my 1st post is a little bit of a sad one”) and Admin had to edit it due to the complainant getting a bit shirty.

I’ll let you know when the DRS decision is posted on Nominet’s website.

It’s interesting that Nominet decided to ignore the fact that the complainant had received a Police Caution over this domain, of which the complainant directors signed and accepted admitting they were guilty of the Criminal Offence of Harassment.

Isn’t the Nominet ‘Policy’ such a wonderful contract? …And isn’t it nice to see they appreciate and look after their ‘Clients’. It’s such a shame that we don’t have the option to go to another UK provider who might just offer us better Contractual Terms. OFT anyone?

 

[bb99]

sneezycheese - now you've said that, I remember your exact (unedited) post and I remember looking at the domain name involved (and the complainant's).

Difficult to say more until the DRS is published on the Nominet site. Presumably it'll be within the next few days...

 

[retired_member11]

Not every year no, but every three years. Each time we do we consult extensively. We are also quite happy to receive feedback at any time, but proper emails please not just posts here.

When is the next consultation due?

 

[EdPhillips]

When is the next consultation due?

We last updated the DRS in 2004, so I am looking at doing the next update in 2007. Given the lead time on these things, I hope to get the consultation done this year sometime.

We have had a lot of input from dropcatchers, one way and another, and of course it has been an eventful year or two for the DRS, both in terms of volumes (which are going up) and in terms of the attention given to specific cases.

I should be able to spend more time developing this after the EGM is over.

 

[sneezycheese]

I’ve found some more ‘contradictions’:

“As such I find that the Complainant has failed to establish on the balance of probabilities that the Respondent registered the Domain Name primarily with a view to block the Complainant in breach of paragraph 3(a)(i)(B). I therefore reject this part of the Complainant’s claim.”

Then:

“… on the balance of probabilities I find that the Complainant has proven their claim under paragraph 3(a)(i)(B) of the Policy.”


I’m not going to say what I’m thinking right now.

 

[retired_member9]

yea.. looks like expert was on opiates

 

[retired_member11]

Did this dispute finally resolve? What was the domain name?

 

[retired_member11]

Is it a secret?