This is an interesting case where the expert throws out the complaint as the policy does not allow for such abuse. BUT the expert should have known that the policy is open ended and therefore allows him to 'do as he likes'.... therefore a Solicitor or Barrister should be reminded of his/her expertise....someone is paying him/her for his/her expertise....expertise in law.
So... Is the name generic...unlikely given the name has Sam added....has the name been protected....yes with a Trade Mark
Questions .... Was the name abusive at the time it was registered....no
BUT does the complainant have a right to call upon that right at any time...yes
Complainant calls upon his right.....he wants the domain name and submits a DRS complaint
The defendant fails to give up the name during mediation, the Complainant pays £750 to the expert for a decision.....it was upto the defendant to show it had a contract in place and that contract gave him a right to hold onto the domain name at the point the DRS complaint was submitted....he did not show such contract....indeed even if the defendant could show he had a contract that required a 3 month notice and no notice was given prior to the complaint then the defendant would win but it wasnt the case!
The expert failed to show that the domain name wasnt generic...in the citi bank court case the judge tried his best to find a conceivable reason how such a name could be used legitmately....he could not cuase it wasnt generic....the same applies here
So, the complainant should have won...but what should he have won? a transfer? a block?
Lee
So... Is the name generic...unlikely given the name has Sam added....has the name been protected....yes with a Trade Mark
Questions .... Was the name abusive at the time it was registered....no
BUT does the complainant have a right to call upon that right at any time...yes
Complainant calls upon his right.....he wants the domain name and submits a DRS complaint
The defendant fails to give up the name during mediation, the Complainant pays £750 to the expert for a decision.....it was upto the defendant to show it had a contract in place and that contract gave him a right to hold onto the domain name at the point the DRS complaint was submitted....he did not show such contract....indeed even if the defendant could show he had a contract that required a 3 month notice and no notice was given prior to the complaint then the defendant would win but it wasnt the case!
The expert failed to show that the domain name wasnt generic...in the citi bank court case the judge tried his best to find a conceivable reason how such a name could be used legitmately....he could not cuase it wasnt generic....the same applies here
So, the complainant should have won...but what should he have won? a transfer? a block?
Lee
