Re: UDRP bad decisions (RE: [ga] Candidate positions on UDRP)

["Roberto Gaetano" <roberto.gaetano@voila.fr>]

Jamie,

I just replied to a similar post on NonCom arguing that maybe the 
expertise to provide examples and criteria is in the DNSO.
Maybe the way to go is a WG to prepare recommandations to be forwarded 
to ICANN.

Maybe this is also a chance for DNSO to get propositive again ;>).

Regards
Roberto


>On Mon, 4 Sep 2000, Harald Alvestrand wrote:
>> I think one of the missing pieces in the UDRP ruleset is a procedure 
for 
>> the independent review of dispute resolution providers' track record,
 and 
>> the resulting removal of a resolution service provider from ICANN's 
list if 
>> the track record is not found satisfactory.
>> 
>
>    ICANN's policy statement on the UDRP *should* be more clear.  It
>should give examples of cases where domains are *not* confusingly
>similar, it should tell panels that criticism, parody and rights to
>associate are legitimate uses of a domain, that different TLDs can give

>enough distinction to domains that they need not only look at the 2LD,
>and they should do something about the fact that panels often ignore 
the
>bad faith criteria.  
>
>   Also, and this is going a bit further, ICANN's policy statement on
>the UDRP should make it clear that merely having a service mark will 
not
>give a firm the right to stop anyone else from using the same string in

>a domain name, and give several examples to illustrate this.   
>
>   If ICANN did all of this and probably some more, it could make the
>UDRP something that the Internet community would support, because it
>would be percieved as more fair and more balanced than it is now.  
>
>   The trademark community should be satisfied with a UDRP that limits
>itself more than it does now, and recognizes the public's legitimate
>rights to use words that have been subject to a trade mark somewhere.  

>
>  Jamie
>
>=============================================
>James Love, Consumer Project on Technology    
>P.O. Box 19367        | http://www.cptech.org 
>Washington, DC 20036  | love@cptech.org       
>Voice 202/387-8030    | Fax 202/234-5176     
>=============================================
>
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