The IPKat: Are Nominet decisions the last word in domain name disputes?: Michael Toth v Emirates [2011] EWPCC 18, Judge Birss QC (Patents County Court, England and Wales) held that the decisions of a Nominet-appointed expert or appeal panel in .uk domain name disputes were subject to review by a court. In reaching this decision Judge Birss QC fastened his attention on clause 17.c of the DRS Procedure... Nominet's terms neither precluded nor limited the court's jurisdiction to hear disputes that had been brought before the Nominet DRS Procedure. and the expert determination was not therefore conclusive. Might this open the floodgates to litigation over Nominet rulings? The judge conceded that this was a matter that a court should consider when deciding whether to allow a review in any given case. Emirates appealed against the refusal to strike out the application relating to abusive registration, while Toth cross-appealed in relation to the striking out of the application relating to an improper decision. This morning Mr Justice Mann, sitting in the Chancery Division in
Michael Toth v Emirates [2012] EWHC 517 (Ch) found for Emirates.
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