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Nominet, a registry for .uk domain names, found one of their
expert’s refusing to decide a case that was too complex,
within the UDRP system.
In a decision set out on 17th November 2003, the expert stated
that the Court would need to resolve the matter, and declined
to make a finding that the registration was abusive.
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The issues resolved around whether ‘glue dots’ was
to a degree generic, or had acquired a secondary meaning, and
disentangling the evidence would be ‘notoriously difficult’
even in large scale litigation.
This case reinforces the understanding that whilst registers
such as Nominet have their place for domain name disputes, in
many cases Court referral will be inevitable.
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