Looking for Advice and Opinions re: Imminent Expert Decision

[philipp]

...experience & knowledge is the key.

It's entirely possible you have superior experience. Would you mind imparting some of this knowledge, or is it a big secret?

Perhaps I've been reading the DRS tea-leaves wrongly?

P.

 

[sneezycheese]

It's entirely possible you have superior experience. Would you mind imparting some of this knowledge, or is it a big secret?

Perhaps I've been reading the DRS tea-leaves wrongly?

P.

...private non statutory contract - they're handing over the domains anyway - £3k costs - only option to recover costs is a TM infringment (or passing off) case in the High Court - £xx,xxx to £xxx,xxx further costs + possible 2 year court battle = no brainer, i.e. complainant takes the domains and run.

Nominet will know this, so 'if' they advised the registrant to pay the complainants costs it was 'bad advice' and I'm sure the mediator is not legaly trained, qualified &/or certified to do so either, so doesn't look good.

Regards,

Sneezy.

 

[grantw]

...private non statutory contract - they're handing over the domains anyway - £3k costs - only option to recover costs is a TM infringment (or passing off) case in the High Court - £xx,xxx to £xxx,xxx further costs + possible 2 year court battle = no brainer, i.e. complainant takes the domains and run.

The complainant appeared to be on a mission to punish the respondant in this case as they seemed to have him over a barrel. In the same position would you really risk going to court, paying for legal representation etc. knowing that you won't win and you're just there to find out how many £xxx,xxx's you need to pay in costs/damages - just to call their bluff and potentially save yourself £3k?

Grant

 

[sneezycheese]

The complainant appeared to be on a mission to punish the respondant in this case

...I don't see this at all, as far as i can see the complainant hasn't even had to fork out for an 'expert' decision.

Those who wish to punish tend to go to court not DRS, or at the very least push for an expert decision without mediation to make some kind of point.

I am however puzzled how calm the originator of this thread has been, in particular the willingness to hand over £3k and the discussion over 'non standard submissions' etc.

I may be wrong, but I suspect all is not as it would seem in this case. :roll:

Regards,

Sneezy.

 

[scooter]

'if' they advised the registrant to pay the complainants costs it was 'bad advice' and I'm sure the mediator is not legaly trained, qualified &/or certified to do so either, so doesn't look good.

This worries me. Surely they should only be advising on the domain name?

What if they wanted £20K or else they were off to the high court. What would be the advice then?

.

 

[Hennessy]

...I don't see this at all, as far as i can see the complainant hasn't even had to fork out for an 'expert' decision.

Those who wish to punish tend to go to court not DRS, or at the very least push for an expert decision without mediation to make some kind of point.

I am however puzzled how calm the originator of this thread has been, in particular the willingness to hand over £3k and the discussion over 'non standard submissions' etc.

I may be wrong, but I suspect all is not as it would seem in this case. :roll:

Regards,

Sneezy.

You are correct I have remained calm throughout, thats not to say I've haven't had a few sleepless nights though.The complainant was not going to give up IMO, I had, albeit unknowningly, done wrong, and by discussions with the mediator and posts here I decided it was the best thing to do.

 

[scooter]

I didn't think they would be allowed to get involved in the financial side, but it seems they do.

Stage 2: Mediation
The majority of cases that reach this stage settle here, without costing any money (although sometimes the settlement includes money).
Help

Do mediation results get shown on Nominets site?

.