Tony Willoughby four stage test

[Whois-Search]

Tony Willoughby's four stage test first appeared in this DRS case:

http://www.nic.uk/digitalAssets/1027_chivasbrothers.pdf

"Where a Respondent registers a Domain Name:-

1. which is identical to a name in respect of which the Complainant has rights; and

2. where that name is exclusively referable to the Complainant; and

3. where there is no obvious justification for the Respondent having adopted that name for the Domain Name; and

4. where the Respondent has come forward with no explanation for having selected the Domain Name,"

How often does he use it in DRS cases ?

Why isn't it in the DRS policy ?

http://www.nominet.org.uk/disputes/drs/


Also why have Respondents quoted it in future DRS cases:

http://www.nominet.org.uk/digitalAssets/4860_sundeckvip3.pdf

In so doing I am reminded of Mr. Tony Willoughby’s “four-stage test”

Also what do you have to have on your CV to be a DRS expert ?

http://www.iprights.com/people/ecvs.asp?contactID=26

 

[bb99]

I was going to post a very facetious comment comparing it with Norman Tebbit's infamous cricket test. However I have seen sense and will instead say this:

It raises an issue re precedents - this four stage test has been used in other expert's DRS decisions as well as Uncle Tony's. But, without reading every DRS and spotting the pattern and the emergence of this wonderful test, how are people meant to know that the expert will go down these lines and plan appropriately in their response?

I've even read decisions where an expert recites and rubber stamps his/her own previous reasoning in other decisions. It's like DRS masturbation .

It's encouraging to note that the issue of precedents is coming up in the forthcoming DRS review. Fingers crossed.

 

[sneezycheese]

Tony Willoughby's four stage test first appeared in this DRS case:

http://www.nic.uk/digitalAssets/1027_chivasbrothers.pdf

Why isn't it in the DRS policy ?

...This question was asked at the meeting - Don't you remember the answer?

Also why have Respondents quoted it in future DRS cases:

http://www.nominet.org.uk/digitalAssets/4860_sundeckvip3.pdf

QUOTE: In so doing I am reminded of Mr. Tony Willoughby’s “four-stage test”

...They didn't, it was the 'Expert'. Had the 'Respondant' known of this 'Test' and its inclusion, then I have no dobt he would of responded accordingly.

 

[Jac]

...This question was asked at the meeting - Don't you remember the answer?

...They didn't, it was the 'Expert'. Had the 'Respondant' known of this 'Test' and its inclusion, then I have no dobt he would of responded accordingly.

If I remember correctly these were 2 of the reasons why Nominet said they would make their webpages more respondent friendly too, as opposed to just 'complainant friendly' ... and this was a direct result of what you and the others suggested at that meeting.

Regards
James Conaghan

 

[olebean]

If I remember correctly these were 2 of the reasons why Nominet said they would make their webpages more respondent friendly too, as opposed to just 'complainant friendly' ... and this was a direct result of what you and the others suggested at that meeting.

Regards
James Conaghan

Jac

They suggested (already posted in another thread) they had on another server something similar to how to bring a complaint to enable a respondant to defend themselves.....

 

[sneezycheese]

If I remember correctly these were 2 of the reasons why Nominet said they would make their webpages more respondent friendly too, as opposed to just 'complainant friendly' ... and this was a direct result of what you and the others suggested at that meeting.

...If I remember correctly - wasn't there an admission that the current Policy wasn't clear and that commitment from Nominet to review at the next DRS Review, the inclusion into the Policy some 'Expert' Processes like the one mentioned here?

 

[Jac]

...If I remember correctly - wasn't there an admission that the current Policy wasn't clear and that commitment from Nominet to review at the next DRS Review, the inclusion into the Policy some 'Expert' Processes like the one mentioned here?

I remember there was a commitment to plainer English and making things clearer all round, but I wouldn't want to pre-empt the DRS review consultation which I will hopefully come sooner than later.

Regards
James Conaghan