Duck v Carnival PLC - Expert Decision is in!

[Rubber Duck]

You will need to go to this page, then Search for Download using data below:

http://www.nominet.org.uk/disputes/drs/decisions/decisionssearch/


Case No. Decision Date Complainant(s) Respondent Domain Name(s) Decision Type Decision Matching Text
D00006985 20/05/2009 Carnival Plc Principal Inspections Limited queenvictoria.co.uk Expert Decision No Action Domain Names

[gammascalper]

Grats RD

Maybe they can come at you with a fat checkbook instead of a hammer next time.

[Rubber Duck]

Just proves it is pointless trying to piss on a duck's back.

You should read the full thing. Some parts are quite amusing.

[idnowner]

I'm glad you beat those assholes!

[jose]

Congrats Dave!

Do you think with a different panelist the outcome would be different?

[Rubber Duck]

No, I think he has been conservative in his ruling to avoid the risk of an appeal. Give the bastards and inch and they will take a mile, which is why I pushed through with the judgment at my own cost.

Congrats Dave!

Do you think with a different panelist the outcome would be different?

[thefabfive]

Congratulations Dave. They won't be bothering you again. Did you consider requesting a reverse domain hijacking claim against them in the proceedings?

[Rubber Duck]

Congratulations Dave. They won't be bothering you again. Did you consider requesting a reverse domain hijacking claim against them in the proceedings?

It was there but I think the Expert would have decided that it might undermine the integrity of the ruling and open up the possibility of appeal.

What I would advise is to buy up some dot Co dot UK quickly before this does the rounds and they will undoubtedly go up in price as this clear affirms the integrity of the Nominet DRS process. That in itself makes .co.uk a good investment.

[Drewbert]

Congrats!

[Rubber Duck]

Congrats!

Does this qualify me for your elite club?

[Rubber Duck]

...Shall think themselves accursed they were not here, And hold their manhood cheap whiles any speaks That fought with us upon Saint Crispin's day.

[xndashdash]

Congrats Dave!

[yanni]

Nice going dude. Congrats.

Does this qualify me for your elite club?

No, but changing your name to rubber dick will.

[Rubber Duck]

I have just figured out why Rick gets good prices for his domains.

The bastards know they cannot roll him over!

[yanni]

I have just figured out why Rick gets good prices for his domains.



I'll tell you the real secret.



In his own words;

Q. you know what's the difference between a 5 dollar whore and a 1,000 dollar whore?

A. the asking price.

[idnowner]

I have just figured out why Rick gets good prices for his domains.

The bastards know they cannot roll him over!

A system, like we have, that encourages reverse domain name hijacking results in unintended consequences.

[Rubber Duck]

I'll tell you the real secret.



In his own words;

Q. you know what's the difference between a 5 dollar whore and a 1,000 dollar whore?

A. the asking price.

I guess we are talking hypothetically here. Hard to envisage anyone wanting to pay 5. :lol:

[alexd]

Congrats on the outcome Dave.

We've also just gone through the process of taking someone to court for trademark infringement with a series of domain names ( Ascii in our case ) that they registered. The time and money spent doing this is not a small amount, but its something we had to go through.

Glad you saw it all the way through and got the deserved outcome.

Alex

[sbe18]

David,

congratulations...

like the Henry V line....

'band of brothers' we..............


Steve

[domainguru]

You regged the domain before they had a TM. As in most cases where that happens, case closed - congrats :) And personally, i've never heard of their cruise liner, the phreaking pub in Eastenders is more famous by far!

[Giant]

"The Complainant makes a further submission ... that the Respondent has given false contact details to Nominet.."

I agree. How can a Duck live at Goose Cote Lane? :)

Congradulations to a candid Duck!

[Rubber Duck]

Where is Edwin? I think I have made him a millionaire! This should greatly enhance the investment value of dot co dot uk. Hopefully, it will keep those Freaks from Chicago out of our name space.

[mulligan]

Nice! 'The Expert' really kicked the complainant to the kerb on this one. Well done.

[IDNCowboy]

Wow an expert panelist....... a miracle

imagine if ICANN ran the wipo process - they'd collect the fees and "take" the domain ;-) after pretending to judge upon the case.... letting a small percentage fail or pass depending on the week making them alot of money ;-)

[Rubber Duck]

Wow an expert panelist....... a miracle

imagine if ICANN ran the wipo process - they'd collect the fees and "take" the domain ;-) after pretending to judge upon the case.... letting a small percentage fail or pass depending on the week making them alot of money ;-)

Well, most of us can read and write this side of the pond, so the odds are somewhat higher.

[bramiozo]

Congrats Dave, what does this mean ;
However, the Respondent adds that he has disposed of his portfolio of domain names and now only has an interest in two, inclusive of the Domain Name.

?

[bramiozo]

The Respondent states that he intends to develop the Domain Name further in due course by developing a site relating to the Victorian era.

I guess you have something to do this summer :p .

[domainguru]

Congrats Dave, what does this mean ;
However, the Respondent adds that he has disposed of his portfolio of domain names and now only has an interest in two, inclusive of the Domain Name.

?

Obvious isn't it. IDNs aren't really domain names, everyone in ASCII land knows that!

[Rubber Duck]

Congrats Dave, what does this mean ;
However, the Respondent adds that he has disposed of his portfolio of domain names and now only has an interest in two, inclusive of the Domain Name.

?

I don't think Nominet are really interested in anything other than dot co dot UK.

I have the actually complaint and responses. Much of it has been ignored in the response, and much has been rather abbreviated or corrupted. Many legal points have been totally omitted, but that doesn't necessarily mean that they have been ignored. The Expert has acted as the DRS and its archive are the only thing that matters, but of course we all know that not to be true. If he had swayed the other way, I could have blown him into the stratosphere in a court of law. And whilst I have only ten days to prevent transfer, I have much much longer than that to assert my legal rights. I could have gone back after this domain in ten years time and got it back if I had so wished.

[Edwin]

Good job on the defense. Not sure why they felt they had a leg to stand on!

Where is Edwin? I think I have made him a millionaire! This should greatly enhance the investment value of dot co dot uk. Hopefully, it will keep those Freaks from Chicago out of our name space.

Hardly. There are thousands of decisions out there, of which this is just one - albeit more interesting than average - example. There's plenty of cannon fodder defending the status of generics already. As I said, you did a good job - but don't over-egg it into being something more than it is, i.e. a good tactical defense of one particular generic name...

[Rubber Duck]

Good job on the defense. Not sure why they felt they had a leg to stand on!



Hardly. There are thousands of decisions out there, of which this is just one - albeit more interesting than average - example. There's plenty of cannon fodder defending the status of generics already. As I said, you did a good job - but don't over-egg it into being something more than it is, i.e. a good tactical defense of one particular generic name...

There are actually not so many DRS decisions that go the way of the defendant and few that are against high profile complainants that highlight critical points of law. If you actually go through the judgement you will see some legal points that were not even bloody recorded, but nevertheless are now enshrined in DRS case law.

It also shows that any idiot with an internet connection can put a case together even though they are up against serious adversaries with a load of smart arse yanky lawyers.

Whilst, there is no formal recognition of the fact, it is very clear the experts use their own archive to determine judgments, even when this may not even be legal. Anyway, it make little difference to me, I only took it forward to prevent them getting a second bite of the cherry.

Of course precedents can only be established when domainers have the balls to stand up and defend their domains rather than just handing them over like scoulded sheep.