DRS D00028377

GreyWing said:
There is so much wrong with this it's unreal, I think an independent Judge is the right way to go. It's quite a cheap process, £300'ish to let a judge see it. If they are saying it's obvious I could never have been successful, then it's also obvious Nominet should never have accepted the fees. They can't have it both ways.

In one of the non-standard submissions, when discussing who the real respondent is, I actually invited them to cancel the name, refund me. They never mention that.
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Didn't the courts already say that they won't reverse an industry specific mediation decision?

Have you ever considered letting it go?
 
If @Ree got a pizza for giving you bad advice, what do @Marek and I get for giving you good advice? I'll take a year's supply of pizza, but I imagine Marek would prefer the services of the waitress in the pizzeria.

I have to say that I think you're naïve to have published the decision ahead of it appearing on Nominet's website. Whether deliberately or not, Nominet gave you - and you alone - a heads-up that the domain was about to be cancelled, and you immediately throw away that advantage by sharing the information with a bunch of dropcatchers on a domainer forum! What were you thinking?

As for
GreyWing said:
I think I'll start a Court claim on this one.
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and
GreyWing said:
Letter before Action sent
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my advice this time is: when you're in a hole, stop digging.
 
Hook said:
Didn't the courts already say that they won't reverse an industry specific mediation decision?

Have you ever considered letting it go?
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I can't do anything about the decision or the RDNH mark - those two things are gone - but I can ask Nominet why they accepted money for something their rules say should have been cancelled.
 
Jeff said:
If @Ree got a pizza for giving you bad advice, what do @Marek and I get for giving you good advice? I'll take a year's supply of pizza, but I imagine Marek would prefer the services of the waitress in the pizzeria
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You say bad and good advice. I challenged the experts to repeat any accusations of dishonesty, they didn't. I challenged them to repeat that I misled them, they didn't. They have now conceded that I have rights in the name.

Progress has been made.

They have come up with two new points, and I'll deal with those via court action. If I should have known, then so should Nominet and not allowed the drs and appeal. There is a legal term for it, but in general terms they took money for a service that had no chance of rendering a decision that it was designed to do.

This is just contractual law now.

As for the name dropping, the name is another issue. But if the name was a concern, it enters a 5 day public drop cycle so I'm not sure what would be to gain by not publishing.
 
GreyWing said:
They have now conceded that I have rights in the name.
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As I see it, that's the only upside, which will stand you in good stead should you need to start a DRS against someone else.

But at what price has it been achieved, not just financially, but in terms of time and stress? A pyrrhic victory.

GreyWing said:
if the name was a concern, it enters a 5 day public drop cycle
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Do you know that for sure? My reading of "directs that the Domain Name be cancelled" is that it could become FTR at any time. Hence my DM to you in March.

Make my first pizza a pepperoni.
 
Jeff said:
As I see it, that's the only upside, which will stand you in good stead should you need to start a DRS against someone else.

But at what price has it been achieved, not just financially, but in terms of time and stress? A pyrrhic victory.
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The headline of the RDNH looks bad, but the individual aspects are better. It's weird, I've gone from no rights to the name and no RDNH, to rights in the name and now a RDNH.

The only real stress was hitting the deadline back in Feb, I was so short of time back then it was an issue. The verdict itself I never had any stress over. It would be the same over this Court action, it would be a pretty straightforward claim as claims tend to go - set and forget until the day.

Jeff said:
Do you know that for sure? My reading of "directs that the Domain Name be cancelled" is that it could become FTR at any time. Hence my DM to you in March.
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Yes, I checked it when I asked about the first DRS back in Feb 2023, so long as no changes since back then it will enter the 5 day cycle. Gone are the good ole days where names would just be cancelled instantly for incorrect details - that's how I ended up with hgv.co.uk funnily enough - interesting times then. Of course much easier when the details for businesses were public on the whois.
 
Jeff said:
If @Ree got a pizza for giving you bad advice, what do @Marek and I get for giving you good advice? I'll take a year's supply of pizza, but I imagine Marek would prefer the services of the waitress in the pizzeria.

I have to say that I think you're naïve to have published the decision ahead of it appearing on Nominet's website. Whether deliberately or not, Nominet gave you - and you alone - a heads-up that the domain was about to be cancelled, and you immediately throw away that advantage by sharing the information with a bunch of dropcatchers on a domainer forum! What were you thinking?

As for

and

my advice this time is: when you're in a hole, stop digging.
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Hook said:
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haha, I've been there when I've told others to let it go, and to be fair I have let the DRS go and I'm now at peace on that issue - pending a blog post. This legal action is about something else entirely.
 
Jeff said:
If @Ree got a pizza for giving you bad advice, what do @Marek and I get for giving you good advice? I'll take a year's supply of pizza, but I imagine Marek would prefer the services of the waitress in the pizzeria.
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I've hit a bit of a dry spell recently, if the pizza chef wants to flour up his hands and I'll close my eyes, I'm not going to say no.
 
I can't believe what I am reading at the moment. I'm going to say that I'm shocked to have discovered what I have over these last few hours. Once I write in my blog post and show the evidence I am about to, I think they will need to suspend the DRS process to investigate it. I'd like to say I'm overstating it, but I honestly don't think I am.

I think heads have to roll for this and for the fact that this hasn't been spotted.
 
GreyWing said:
I can't believe what I am reading at the moment. I'm going to say that I'm shocked to have discovered what I have over these last few hours. Once I write in my blog post and show the evidence I am about to, I think they will need to suspend the DRS process to investigate it. I'd like to say I'm overstating it, but I honestly don't think I am.

I think heads have to roll for this and for the fact that this hasn't been spotted.
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You were also shocked in your OP, so I think you need to get your wiring checked.

Your post sounds just like Ryan between 2:46 and 3:27 in his video. Are you and he the same person by any chance?

Either way, in anticipation of something big I've set your blog as my home page and I'm refreshing every few seconds.

And just to let you know, my pizza didn't turn up on Wednesday and I had to make do with a bowl of gruel. It's grim up North. Could I try a four seasons tonight, and this time make sure they've got the right address.
 
Jeff said:
Either way, in anticipation of something big I've set your blog as my home page and I'm refreshing every few seconds.
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It won't be until next week now most likely
 
GreyWing said:
It won't be until next week now most likely
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And there was me, as excited as Marek is about his impending tryst with the pizza chef, only to be told that I have to wait until next week. Oh well, at least I have tonight's pizza to look forward to.

Meanwhile, I see that nine days on from the experts directing that quickquid.uk be cancelled, it hasn't been, and nor has it entered the five day drop cycle.

I wonder if this has anything to do with your letter before action? What did it say, and whatever the nature of your claim, would you accept the domain in full and final settlement? Without any admission of liability of course.
 
Jeff said:
And there was me, as excited as Marek is about his impending tryst with the pizza chef, only to be told that I have to wait until next week. Oh well, at least I have tonight's pizza to look forward to.

Meanwhile, I see that nine days on from the experts directing that quickquid.uk be cancelled, it hasn't been, and nor has it entered the five day drop cycle.

I wonder if this has anything to do with your letter before action? What did it say, and whatever the nature of your claim, would you accept the domain in full and final settlement? Without any admission of liability of course.
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They haven't replied on anything so I'm unaware of any background thing.

There is a diary date set for the 13th of may in the drs thing, for review. I'm not sure if that was on before my letter or not.

I don't see any grounds not to cancel it though. My LBA is nothing to do with the name.
 
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