!!!WARNING!!! Nominet Can ‘Doctor’ DRS Results!

[retired_member6]

Having read the DRS i am intriged about the issue of TM and what appears to be presumtive right over all catagories of TM.

Surely fighting a DRS on the grounds on infringement of right can only be about infringement of rights within a classification. Extending those rights outside the bounds of that right infringes on other classifications namely "class 42". In the case of Sundeckvip there are enough classifications left and i am sorry to rub salt etc but it doesn't take a rocket scientist to illustrate that you could in the meta field add "sundeckvip ™ " or and "sundeckvip.co.uk ™" or an image with ™ adding your own rights.

Exactly olebean oldbean. Haha. I have a similar problem right now, the complainant alledges TM on several characters that they can't claim on and even if they could, how many unreg classifications would they like to claim under?

I'm neither passing off nor selling to a competitior of the same class or trading under a similar class of unreg TM. Yet I still don't know if I will win or not? crazy aint it? There's no reason why I shouldn't win. Oh well, give it 90 days and we'll all know.

There was even a comment in advice that the expert may look down on me for pointing a domain to a porn site as an affiliate, I'll ask again, what the hell has it got to do with the complainant, the expert or Nominet where I point the domain name in question? Pah...

 

[olebean]

Lee

I would be tempted to use caselaw to prove that their righs cannot cover all areas

 

[sneezycheese]

Poll results look very interesting:

Even though we have 4 ‘yes’ votes coming directly from Nominet (bless them ), we still have 50% of people who voted saying ‘no’ we don’t trust the DRS, (37.5% yes, 12.5% duno).

If we take out the 4 Nominet ‘yes’ votes (allowing it to be an external poll as much as we can), the result looks s follows:

YES = 25%
NO = 60%
Don’t knows = 15%

These results in many ways reflects the way DRS appeals are going, where the number of ‘expert’ decisions overturned on appeal has risen from around 30% to nearly 50% (not a good sign). I would be interested to know if Nominet are ‘in any way’ concerned about its DRS and if they think it could be improved? And if so how? Also I’d be interested what other people think needs to be done to ‘iron out’ what I can only see getting worse as the demand for domains (in particular so called ‘generics’) and their strategic importance increases. Remember we’re already seeing what lengths some organisations will go to in order to obtain the new .eu domains! Patent office is going to get very busy by the looks of things.

Will it all in the end just end up as a big ‘bun fight’, leaving the Government to pick up the pieces of the registry, while Nominet goes off to find new ‘for profit’ ‘Commercial Opportunities’? Maybe this is already on the cards, seeing some of the proposals some of you guys will be voting on this week at the EGM. Good luck!

 

[fred]

... Even though we have 4 ‘yes’ votes coming directly from Nominet...

It doesn't make much difference to your post, but I can only see 3 from Nominet. I assume you are counting Hazel but she is not employed by Nominet.

 

[olebean]

POLL: I wonder, can we trust Nominet anymore?

Cheezy, It appears your lost the original concept of the poll.

There is a huge difference between trusting nominet and trusting the DRS system.

 

[rob]

Im still waiting to find out plans / defence for the sundeckLuxury.co.uk name

 

[sneezycheese]

Cheezy, It appears your lost the original concept of the poll.

olebean me old mate, you should check out what the poll said "View Poll Results: Can We Trust The Nominet DRS Anymore?" ...My fault probably for not putting the same information in the body text of my post ...sorry

There is a huge difference between trusting nominet and trusting the DRS system.

olebean, please tell me more...

So does this mean my poll could of ended up with 'even more' votes in the 'no' camp?

 

[sneezycheese]

Im still waiting to find out plans / defence for the sundeckLuxury.co.uk name

...Backup plan for the project (if I loose the VIP version). Not an ideal situation, but at least I'll have the .com to go with it

Actually Rob you've 'in a funny sort of way' raised an important point. What an easy and cheap way the DRS could be to get confidential business plan information from an organisation developing a site. And there within lies the catch 22 (divulging such information in a DRS that is).

 

[olebean]

hehehe not from me cheezy

If you've every been to/involved in court, sometimes judges etc will be asked to clarify their decision.

However flawed the DRS system is, eventually it will come into line. It just needs the right fight/president....

 

[domaingenius]

I know I keep referring to Courts, but then it is the ultimate appeal against a drs decision as so is relevant. If for example you were suing someone and they had to release documents containing commercially sensitive material you could ask the Judge for additional protection against it being either used or divulged, and in any event a certain degree of protection is built in to the system and would/could be contempt of Court to use the material outside the strict litigation. Does DRS have any such undertaking by either the complainant or respondent and if not why not ?. I would hazard a guess that is may be possible to take that point to Court and ask for some protection within the drs perhaps ?.

DG