20i Domains

FLORA Full Decision: Transfer

Discussion in 'Domain Name Disputes' started by webber, Feb 13, 2021.

  1. webber

    webber Active Member

    Joined:
    Sep 2019
    Posts:
    307
    Likes Received:
    82
    flora noun
    The plants of a particular area, type of environment or period of time

    So how the hell!? This decision makes no sense to me

    Findings

    CASE NO.
    D00022794
     
    • Informative Informative x 1
  2. Domain Forum

    Acorn Domains Elite Member

    Joined:
    1999
    Messages:
    Many
    Likes Received:
    Lots
    articles.co.uk
     
  3. SecNam

    SecNam Moderator Staff Member

    Joined:
    Jul 2004
    Posts:
    5,334
    Likes Received:
    61
    Nonminet punishing domain owners with all the stuff tat is going on at the moment???
     
  4. webber

    webber Active Member

    Joined:
    Sep 2019
    Posts:
    307
    Likes Received:
    82
    DRS "experts" are supposed to be independent
    It seems to me Sallie Spilsbury has been stuffing her face full of margarine until it blurred her vision.
    I wasn't even aware of the "Flora spreadables" until today. I don't eat fucking margarine. Disgusting product and equally disgusting DRS decision.
    I hope the owner appeals and wins
     
    • Funny Funny x 1
  5. bluerock United Kingdom

    bluerock Well-Known Member Full Member

    Joined:
    Jan 2005
    Posts:
    10,708
    Likes Received:
    76
    The drs “expert” has come to that conclusion based on supposition. There are not enough facts to clearly prove an abusive registration.
    The “expert” is paid to come to a conclusion based on the written evidence supplied by both complainant and registrant and not on their own hypothesis.
     
  6. getmein United Kingdom

    getmein Active Member Exclusive Member

    Joined:
    Sep 2008
    Posts:
    302
    Likes Received:
    17
    Extraordinary reasoning from the 'expert'. I hope the owner mounts a robust appeal so this ludicrous decision can be reversed.
     
  7. lazarus

    lazarus Well-Known Member Exclusive Member

    Joined:
    Feb 2013
    Posts:
    1,345
    Likes Received:
    332
    Does not make any sense.
    Flora is a generic.

    It's OK to use this name as long as you are not using the domain to sell spreadable margarine!

    An Abusive Registration - What a weird and wrong decision to make!
     
    • Agree Agree x 1
  8. Nigel United Kingdom

    Nigel Well-Known Member

    Joined:
    May 2005
    Posts:
    4,482
    Likes Received:
    97
    Hard to understand the 'expert's' reasoning on this one.

    Firstly, as others have said, the term flora and its generic meaning refers to flowers sector - loads of companies use the term flora in their company name at Companies House

    Flora.co.uk was registered in 1997 - some 14 years before flora.com appears to have been used for the first time by Flora spreads. The flora.com domain appears to have been sold on 1st Nov 2011 for $95,000 and archive.org then show the domain being used for Flora spreads in an archive page dated June 15th 2012.

    But before this archive.org provides many screenshots of previous home pages, showing the domain was being used to derive ppc income from...guess what...flowers!

    https://web.archive.org/web/20010701131102/http://flora.com/ 2001
    https://web.archive.org/web/20110304202816/http://flora.com/ 2011 (also a for sale button on page)
     
    • Agree Agree x 1
  9. lazarus

    lazarus Well-Known Member Exclusive Member

    Joined:
    Feb 2013
    Posts:
    1,345
    Likes Received:
    332
    Maybe a DRS decision should be overlooked by several "experts" In which all would have to agree. This would stop any rouge judgements being enforced by any single "expert"

    I hope he counters. It wont be too hard to get this one back.
     
    Last edited: Feb 13, 2021
  10. Nigel United Kingdom

    Nigel Well-Known Member

    Joined:
    May 2005
    Posts:
    4,482
    Likes Received:
    97
    The whois shows that the domains haven't been transferred away from owner yet. Hopefully that means an appeal has been submitted. Let's all hope so. As you say with a number of experts looking at this we should see a different result!
     
  11. JMI

    JMI Active Member Acorn Supporter

    Joined:
    Oct 2015
    Posts:
    507
    Likes Received:
    85
    The term "Domain Stockpiling" is interesting.
     
    • Agree Agree x 1
  12. webber

    webber Active Member

    Joined:
    Sep 2019
    Posts:
    307
    Likes Received:
    82
    The word FLORA is trademarked by quite a few different companies, so I don't see why the disgusting spreadable should get special treatment.
    The term is introduced by the complainant which makes me believe this is an amateur claim made by some director's secretary.
    The fact that it is used again by the "expert" suggest she too might be equally amateur.
     
  13. diablo

    diablo Well-Known Member

    Joined:
    Nov 2005
    Posts:
    2,002
    Likes Received:
    127
    Really shocked by this. Very poor decision that could be used as precedence for future poor decisions. Hopefully it will be reversed.
     
    • Agree Agree x 2
  14. JMI

    JMI Active Member Acorn Supporter

    Joined:
    Oct 2015
    Posts:
    507
    Likes Received:
    85
    Could you take the "Expert" to a civil court for this decision.
     
  15. webber

    webber Active Member

    Joined:
    Sep 2019
    Posts:
    307
    Likes Received:
    82
    Neither we [Nominet] nor our directors, officers, employees or servants nor any Expert shall be liable to a Party
    for anything done or omitted in connection with any proceedings under the DRS unless the act or
    omission is shown to have been in bad faith.

    9.1 You agree to be bound by the DRS policy.
     
  16. sigh Malta

    sigh Active Member

    Joined:
    May 2020
    Posts:
    123
    Likes Received:
    30
    Especially since in previous decisions it has been made very clear that 'domain stockpiling' for selling is a legitimate business and means nothing if not violating trademarks. Another nominet 'expert' paid for sweet fanny adams. It's a shame public benefit is stopping at the board and only then to get them removed from it - they'll still have jobs at exorbitant salaries in an industry they know nothing about. Out of the 200 employees there I can only think of a handful that are worth keeping.
     
    • Agree Agree x 1
  17. anthony United Kingdom

    anthony Well-Known Member

    Joined:
    Dec 2006
    Posts:
    1,798
    Likes Received:
    40
    The decision is shabby, the clause is a disgrace!
     
    Last edited: Feb 13, 2021
  18. Ben Thomas

    Ben Thomas Well-Known Member

    Joined:
    Mar 2018
    Posts:
    1,792
    Likes Received:
    231
    Let's suppose, hypothetically of course, that the expert was paid off by a huge corporation. But of course, that kind of stuff doesn't happen, does it.
     
    • Funny Funny x 1
  19. martin-s United Kingdom

    martin-s Well-Known Member

    Joined:
    Jul 2012
    Posts:
    3,440
    Likes Received:
    255
    Appalling decision.
     
  20. LCHappy United Kingdom

    LCHappy Active Member

    Joined:
    Aug 2018
    Posts:
    288
    Likes Received:
    58
    Anyone remember the previous rogue DRS "EXPERT" that was let loose on members of the industry

    D00022003 - ovs.co.uk - later overturned.

    In my opinion, if someone wins the appeal, they should immediately receive a reimbursement of the 3k fee that is needed to appeal. It's Nominet's Agent's error and should be covered by Nominet.
     
    • Agree Agree x 6
  21. webber

    webber Active Member

    Joined:
    Sep 2019
    Posts:
    307
    Likes Received:
    82
    And add something like three strikes and you're out policy for "experts" where if their decisions are repeatedly overturned in the appeals then they probably should find a different job

    I would really like to hear from anyone that can bring any arguments that this decision is fair, maybe from someone with more experience in these things.
    We all here are 'domainers' so we might be impartial I suppose, so would love to hear any counterarguments.
     
    • Agree Agree x 3
    • Like Like x 1
    Last edited: Feb 14, 2021