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Colin Hulme - Burness Paull LLC

  
 


 
 

Coolside's representatives in the Coolside Limited v. Get On The Web Limited UDRP case were Intellectual Property Lawyers Megan Briggs & Colin Hulme of Scottish Law Firm Burness Paull LLP.

According to Megan Brigg's profile on the Burness Paull website, Megan Briggs works closely with practice head Colin Hulme and advises on disputes concerning patents, trade marks, software, design rights, copyright and confidential information and regularly acts for clients in the Court of Session.

 Megan Briggs & Colin Hulme lost their case which the WIPO panelists called "an abuse of the administrative proceeding".



 
 
 
 

 


According to Colin Hulme's profile on the Burness Paull's website:

Colin leads the Firm’s IP Practice, with focus on managing IP and technology disputes.

Colin is highly regarded for his leading brand protection practice and also his work managing disputes concerning patents, trade marks, software, design rights, copyright and confidential information. Rated Band 1 for IP work in Chambers UK and as a Leading Individual in Legal 500, Colin is one of only a handful of litigators to be accredited as an IP specialist by the Law Society of Scotland.  He is an associate member of CITMA and holds an LLM in IT and Telecommunications Law.
 
 
 


Get On The Web's attorney, John Berryhill, advised Megan Briggs and Colin Hulme of the futilty of their case and drew their attention to another UDRP case WIPO Case No. D2013-1691 concerning the domain name QLP.com, but Megan Briggs and Colin Hulme made no attempt to withdraw the case but instead in desperation ploughed on and sent a hastily prepared "supplemental submission" to WIPO (unauthorised by the UDRP process), which the WIPO panelists said added nothing that would alter their decision.

You have to wonder why Megan Briggs and Colin Hulme filed this UDRP case which was doomed to fail knowing, simply by spending a few minutes studying the UDRP rules (and process), that one of the essential elements required by the UDRP – bad faith registration - could not be proven as the domain name was registered 10 years before the complainant came into existence! Even with a bit of basic research looking at other UDRP cases where the domain name was registered before the complainant even existed or had any trademark rights, they knew or should have known that their case would not succeed.

The panelists' concluding paragraph in the Coolside Limited v. Get On The Web Limited UDRP case sums up by saying:

"In light of the foregoing, this Panel concludes that “the complainant in fact knew or clearly should have known at the time that it filed the complaint that it could not prove one of the essential elements required by the UDRP – bad faith in registration and use."
Coolside Limited Of Glasgow and Burness Paull LLP are listed on the HallOfShame website.
 
 

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