Interesting extract from the bella DRS -
When might a registration of a domain name be regarded as a blocking registration and abusive? The test devised in DRS 00292 (chivasbrothers.co.uk) can be used as guidance. In Chivasbrothers it was said that that where a respondent registers a domain name: 1. which is identical to a name in respect of which the complainant has rights; 2. where that name is exclusively referable to the complainant; 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
Indeed the experts have been aware for sometime that transferring a domain to an entity without exclusive rights to that name is wrong...untested in UK law?
If a contract empowers you to do whatever you so wish then I would presume expert integrity would come into play i.e. if you are a legal expert your decision must be made on your legal expertise...if you do not have such expertise in a particular situation one would also presume that a decision would not be given...
the only DRS case I have ever seen an expert decide that they cannot rule is the GHD.co.uk case on appeal....only a decision to put the registration back in the original position was granted in that case
Lee
When might a registration of a domain name be regarded as a blocking registration and abusive? The test devised in DRS 00292 (chivasbrothers.co.uk) can be used as guidance. In Chivasbrothers it was said that that where a respondent registers a domain name: 1. which is identical to a name in respect of which the complainant has rights; 2. where that name is exclusively referable to the complainant; 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
Indeed the experts have been aware for sometime that transferring a domain to an entity without exclusive rights to that name is wrong...untested in UK law?
If a contract empowers you to do whatever you so wish then I would presume expert integrity would come into play i.e. if you are a legal expert your decision must be made on your legal expertise...if you do not have such expertise in a particular situation one would also presume that a decision would not be given...
the only DRS case I have ever seen an expert decide that they cannot rule is the GHD.co.uk case on appeal....only a decision to put the registration back in the original position was granted in that case
Lee
