Toth v Emirates [2011] EWPCC 18 (13 June 2011)

Toth v Emirates [2011] EWPCC 18 (13 June 2011)

The Nominet contract does not make the expert or appeal determination both binding and conclusive; clause 17(c) of the Nominet Procedure expressly contemplates de novo court review. Therefore, the court has jurisdiction to entertain a claim for a declaration as to whether the registration is abusive. The expert determination case law does not apply. The application to strike out declaration (a) is dismissed; declaration (b) is struck out; declarations (c)-(f) are stayed.

Citation
[2011] EWPCC 18
Parties
Claimant: Michael Toth; Defendant: Emirates
Jurisdiction
England and Wales
Judgment Date
13 June 2011
Procedural Posture
Civil (patents County Court) / Interlocutory Application to Strike Out Claim and Related Applications
Outcome
Application to strike out declaration (a) dismissed; declaration (b) struck out; declarations (c)-(f) stayed.
Legal Topics
Domain Name Disputes, Expert Determination, Declaratory Relief, Passing Off, Trademark Infringement, Jurisdiction of Courts, Nominet Dispute Resolution Service
Intellectual Property Contract Law Civil Procedure Domain Name Disputes Expert Determination Declaratory Relief Passing Off Trademark Infringement +2 more

Case Brief

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Parties

Michael Toth

Claimant

Emirates

Defendant

Procedural Posture

Civil (patents County Court) / Interlocutory Application to Strike Out Claim and Related Applications

Legal Issues

  1. 1 Whether the court has jurisdiction to grant a declaration that a domain name registration is not abusive under the Nominet Policy after an adverse Nominet Appeal Panel decision
  2. 2 Whether the Nominet expert determination is binding and conclusive so as to preclude court review
  3. 3 Whether a threats action or declaration of non-infringement can be maintained in these circumstances

Ratio Decidendi

The Nominet contract does not make the expert or appeal determination both binding and conclusive; clause 17(c) of the Nominet Procedure expressly contemplates de novo court review. Therefore, the court has jurisdiction to entertain a claim for a declaration as to whether the registration is abusive. The expert determination case law does not apply. The application to strike out declaration (a) is dismissed; declaration (b) is struck out; declarations (c)-(f) are stayed.

Court Disposition

Application to strike out declaration (a) dismissed; declaration (b) struck out; declarations (c)-(f) stayed.

Orders

  • Declaration (a) (regarding abusive registration) may proceed.
  • Declaration (b) (regarding bias/conflict of interest) struck out.