Intellectual Property Disputes: Michael Toth v Emirates  EWPCC 18
Emirates filed a complaint about the registration by Mr. Toth of the domain emirates.co.uk. 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.
In Michael Toth v Emirates  EWPCC 18 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.
The judge referred to section 17(c) and found that, that section which refers to “Official documentation showing a party has issued and has served legal proceedings against another other 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 it 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.