0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

high Court refuses to act as appeal court from Nominet

9 March 2012

Emirates brought a domain name complaint with Nominet about a registration of the domain emirates.co.uk and won on appeal. The registrant applied to the courts for various declarations, the most important of which were a declaration (a) that the registration of emirates.co.uk was not an abusive registration, and (b) that Nominet’s decision was not properly reached.

The Patents County Court struck out the application for (b) but refused to strike out the application for (a). Emirates appealed the ruling in respect of (a), and the respondent cross-appealed in respect of (b).

The High Court has stayed the cross appeal and allowed Emirates’ appeal, holding that whether or not a registration is abusive is a question for Nominet’s experts, so the court must decline to grant an injunction.

The registrant’s application was admirably innovative, but this is the right decision – Nominet’s DRS process is meant to be quick and straightforward, and this decision means that rightsholders can continue to bring complaints without opening the door to protracted litigation.

related opinions

Impact of Covid-19 upon level of fine

Two cases have considered the issue of Covid 19 as part of the sentencing exercise. In the most recent, failures by a principal contractor Modus Workspace, who design and refit refurbishments, led to a £1.1 million fine after an engineer was injured from a fall from a roof.

View blog

Important opportunity to comment on case law precedent

The UK government is considering extending this power to depart from retained EU case law to additional lower courts and tribunals, namely the Court of Appeal in England and Wales and the High Court of Justice in England and Wales and their equivalents.

View blog

Sky’s overly broad trade marks narrowed as found partially invalid for bad faith

Lord Justice Arnold has applied the guidance of the Court of Justice of the European Union (CJEU) to the evidence before him, in the long standing trade mark dispute between Sky and Skykick.

View blog

High Court finds against WASPI women

The High Court has rejected the judicial review claim brought by the campaign group BackTo60 against the Department of Work and Pensions (DWP).

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up