Toth v Emirates

[domainking]

COURT 9
Before MR JUSTICE MANN
Wednesday, 15 February 2012
At half past 10
INTERIM HEARINGS LIST
Part Heard
1CL70012 Toth v Emirates

Good Luck Michael

 

[anthony]

Ditto mate!

 

[rob]

I think that kicked off today.

Interestingly, I went to put a 'fun' picture up of Emirates Airline and notice that wikipedia refers to "emirates(airline)" and Emirate. I hope Wikipedia are safe from legal action!

 

[namealot]

If he wins there’ll let him sit up front with the pilot...

 

[max_rk]

good luck.

 

[Pred]

yep, the very best of British, Michael

he won DRS, if Emirates Airlines want domain (which is a GEO) then offer enough cash compensation and stop trying to bully and intimidate people.
and if owner doesn't want to sell, tough

 

[domainking]

yep, the very best of British, Michael

he won DRS, if Emirates Airlines want domain (which is a GEO) then offer enough cash compensation and stop trying to bully and intimidate people.
and if owner doesn't want to sell, tough

Totally Agee pred but the problem is money and politics will always win in the long term. and emirates can keep throwing money at this until you run out of cash.

The won the .eu think about 2 years ago and most people knew then that they would then use that to try get the .co.uk.

Wish Michael all the best hope he wins it or can come to a deal as domain court costs these days can run onto tens and hundreds of £££££. trust me been there done it.

 

[Pred]

well the Queen got bitchslapped for trying to take NewZealand.com so hope they get same treatment for trying to take a Geo like this
it's similar to if a French carrier called France Airlines (but everyone referring to as 'France') went after france co/uk ffs

anyway, agreed Tommy. you're in Spain for the conference aren't you?
that's one I may just attend as love Spain and will be far more chilled not being in yank land. I may be going to look at a property in that region too around same time. maybe see you there for a few cold ones

 

[Pred]

I didn't know they appealed

I don't know anyone stupid enough to want to go to the emirates, any of them , dubai etc

but, when I have heard anyone mention they are off on holiday there in barbers or somewhere, they have said 'off to the emirates' or 'off to dubai' next week

having said that it can be an interesting subject to read about as in the boom and bust, the amazing structures built, (or half built)
and the history behind it all

 

[anthony]

...I don't consider "Emirates" to be a geographical name, and I consider it has acquired significant secondary meaning to the extent that I can only contemplate the Complainant in relation to it...

You don't consider it to be a Geo, but you consider its significant secondary meaning to contemplating the Complainant. Then exactly what do you consider to be the primary meaning?

 

[domainking]

I put it in the same category as coke.co.uk and that is putting aside how the Respondent made use of the domain name.

Whis the case of a geo it was the Barcelona.com that set the rules in a USA court when won the case again the local council. .com is different from geo .co.uk.
Also agree that Emirates is not geo location in the terms Geo but a brand same as Coke, but not Coca Cola same other products in the field a generical brand.

These days companys use the law to get your domains they pay for the TM ect use that along with other info that stacks against you.

A company like Emirates will be using top expensive legal team in UK who will know the law inside out, and use that to there advantage. this could go on for years in and out of court just running up a legal bill for both sides and one with deep pockets 99% time wins.

 

[ratboy]

Wish Michael all the best with this. Hope it comes to a happy conclusion!

 

[dougs]

uae is called emirates

Its what the local's call the place

Doug

 

[websaway]

Whis the case of a geo it was the Barcelona.com that set the rules in a USA court when won the case again the local council. .com is different from geo .co.uk.
Also agree that Emirates is not geo location in the terms Geo but a brand same as Coke, but not Coca Cola same other products in the field a generical brand.

These days companys use the law to get your domains they pay for the TM ect use that along with other info that stacks against you.

A company like Emirates will be using top expensive legal team in UK who will know the law inside out, and use that to there advantage. this could go on for years in and out of court just running up a legal bill for both sides and one with deep pockets 99% time wins.

Are you saying they acquire the trademark post the domain registration and try to use that to claim the name ?

 

[domainking]

Are you saying they acquire the trademark post the domain registration and try to use that to claim the name ?

Im not saying anything. its the sort thing I would do.

 

[websaway]

Im not saying anything. its the sort thing I would do.

Yes I've had a case where someone tried to buy a name from me which I didn't want to sell and they acquired a trademark for the exact non generic term . Dirty tricks or what ?

 

[websaway]

No, not at all. Clients I work with have domain names that predate the registration of trade marks by others on matching terms. If the trade mark holder can demonstrate that they have built up goodwill in the term they are applying for a trade mark on why shouldn't they attempt to trade mark it? Owning an identical domain name shouldn't have any bearing on a trade mark application unless the domain name Registrant can demonstrate that they have also been trading using the term in a similar way. If they can then they might have good grounds to oppose.

Point taken.

 

[dashu1]

COURT 9
Before MR JUSTICE MANN
Wednesday, 15 February 2012
At half past 10
INTERIM HEARINGS LIST
Part Heard
1CL70012 Toth v Emirates

LoL - could have worded it better when it's over emirates.co.uk - Emirates Airlines maybe.

Kind of looks like he's agreeing they're better known as Emirates.

 

[julian]

anyone know what result was?

 

[rob]

Ended last week, verdict due this week I believe.