game.co.uk

[dtobias]

Another entry for the list of "Worst Domain Dispute Decisions Ever" is the recent decision on game.co.uk:

http://www.nic.uk/DisputeResolution/Decisions/Drs02166Game.html

This was under the UK dispute procedure, which is reputed to be fairer, in general, than the UDRP. It also has an appeal process, so this case isn't actually over yet.

A British retailer, using the name "Game" to market a chain of stores selling games, managed to convince the panel that this descriptive use deserved protection against a domain owner who had registered the name back in 1995.

 

[Dave Zan]

Another entry for the list of "Worst Domain Dispute Decisions Ever" is the recent decision on game.co.uk:

http://www.nic.uk/DisputeResolution/Decisions/Drs02166Game.html

This was under the UK dispute procedure, which is reputed to be fairer, in general, than the UDRP. It also has an appeal process, so this case isn't actually over yet.

A British retailer, using the name "Game" to market a chain of stores selling games, managed to convince the panel that this descriptive use deserved protection against a domain owner who had registered the name back in 1995.

This has been pretty much talked about in the other forums as well. Definitely
not an accepted decision especially among seasoned domainers.

Two bones of contention here appear to have greatly influenced the Panelist
to decide such, although there's more: Mr. Sumpter's changing his business
to sell video games (thus too darn close to Game plc) and his asking for more
than what Game originally offered.

 

[dtobias]

If a company adopts a name as generic as "Game plc" to sell games, they shouldn't blame anybody else if confusion develops between them and anybody else also using that generic word.

If somebody owns a generic-word domain, they have every right to try to get as much money for it as they think they can.

 

[Dave Zan]

Agreed. Mr. Sumpter, after all, was being asked to sell his business.

I just remembered something: the panelist's name is Andrew Lothian. Is he the
same Andrew Lothian who's the CEO of Demys.com?

http://www.demys.com/about_us/about_us.htm

Demys' CEO, Andrew Lothian, has an impressive record in the domain space, having conducted Scotland's first domain name dispute. He is now both a Nominet expert and WIPO panellist - meaning he decides disputes in the generic and uk domain spaces. He is a frequent international speaker on e-business topics.

Because if they're one and the same, wouldn't that constitute a conflict of
interest of sorts?