Domain Name Disputes : Michael Toth v Emirates [2011]:

Domain name disputes: Michael Toth v Emirates [2011]:

His Honour Judge Birss refused to strike out a decision of a Nominet. The appeal panel had found that the registration of a domain name was abusive within the Nominet Dispute Resolution Service Policy.

Emirates filed a complaint about the registration by Mr. Toth of the domain Nominet had ordered the transfer of the domain name to Emirates. Mr Toth  applied to the court for a Declaration that the domain name was not an abusive registration.

The judge referred to section 17(c) which states,

  • “Official documentation showing a party has issued and has served legal proceedings against another party in respect of the domain name. In this case we will take no further action in respect of the domain name …”

The judge thought that this allowed for a court to review the decision. The application to the court would stop the transfer from taking place.

The case has potential to provide greater litigation over domain names, unless the terms and conditions of the Nominet Dispute Resolution Service Policy are changed.

The appeal came back before the courts on the 14th February 2012 and was reversed.

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