Re: [ga] Weikers position on UDRP

["Michael Froomkin - U.Miami School of Law" <froomkin@law.miami.edu>]

I strongly oppose a costs provision in the UDRP -- at least one that might
make defendants pay. It will be used to intimidate poor defendants; rich
companies don't care about paying "costs" (zero) of unrepresented parties,
but can run up vast bills for their lawyers and then make the defendant
pay.

Especially when the UDRP is such a roulette wheel, honest and careful
people will feel a tremendous incentive to give in rather than fight when
faced even with baseless claims.

I wouldn't have as strong an objection to a 'plaintiff pays' rule, but
don't see it as politically feasible.  In any event, I like keeping the
rule that arbitrators don't assess any fines -- next thing you know you
will see a proposal to fine cybersquatters.

Finally, unless fees assessible are fixed, you end up with collateral
debate over fees which wastes everyone's time and money.

On Fri, 1 Sep 2000, James Love wrote:

> Ronald, I would like to share your thoughtful note on the UDRP, which
> has a lot of interesting suggestions, with a few other lists.    Jamie
> 
> 
> "Ronald N. Weikers" wrote:
> >         Changes should be made to the UDRP to require a balancing of interests,
> > which is found in trademark law.  The following changes will resolve most
> > consumers groups' very valid concerns, and still uphold trademark law.
> > 
> >         First, we should give panelists the discretion to award the prevailing
> > party their attorney's fees and costs from the non-prevailing party (like
> > the U.S.'s Anticybersquatting Consumer Protection Act), in order to deter
> > reverse domain name hijacking.  In particular, panelists may (but are not
> > required to) award costs when a complainant is found to have abused the
> > administrative process, or when a respondent is found to have acted in bad
> > faith and to have no legitimate interests.  Read further to see why only a
> > true, hard-core cybersquatter-respondent might be subjected to this.
> 
>    [snip]
> 

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