[DNS] Hierarchy of Rights - Trademarks Above All Else

[DNS] Hierarchy of Rights - Trademarks Above All Else

From: Ian Smith <smithi§nimnet.asn.au>
Date: Wed, 25 Apr 2007 19:56:57 +1000 (EST)
On Thu, 5 Apr 2007 info&#167;enigmaticminds.com.au wrote:

 > I fully agree with you and this is where the breach of the auDRP Rules 
 > comes in.
 > The wording of a Statutory Declaration was either changed or misquoted 
 > altering its meaning, large slabs of the Response have been completely 
 > removed or ignored and critical evidence such as tax invoices, partly 
 > developed websites and communications from auDA were dismissed.
 > It appears that the panellist even created evidence on behalf of the 
 > complainant, as information was included, that the complainant 
 > themselves did not include and which they would not ever include as it 
 > was factually incorrect.
 > Despite this, it appears that no one has the authority or willingness to 
 > deal with the issue.
 > Don't forget, that the domain name was only registered after having had 
 > many detailed conversation with auDA to ensure that we could register it 
 > and that we have written correspondence from auDA about an almost 
 > identical website which they state is compliant with their policy.
 > Andrew
 > David Keegel wrote:
 > > If you proved to the panellist that you have rights to and legitimate
 > > interests in respect of the domain name, then you should have been able
 > > to keep the domain name.

Andrew (Who?),

After reading the decision awarding the transfer of tinaarena.com.au
from your company to the complainant, singer Tina Arena, given at
http://www.auda.org.au/document.php?documentid=862 , I find myself quite
in awe of the brazen disingenuity of your representations to this forum.


  "We won't get fooled again"
                -- The Who

  "The very powerful and the very stupid have one thing in common.
  Instead of altering their views to fit the facts, they alter the
  facts to fit their views ... which can be very uncomfortable if
  you happen to be one of the facts that needs altering."
                -- Doctor Who, "Face of Evil"
Received on Wed Apr 25 2007 - 09:56:57 UTC

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