RE: Re[2]: [ga] Some other ideas about the questions... [ga-udrp] UDRP Questionnaire

["Cade,Marilyn S - LGA" <mcade@att.com>]

I would agree that the original intent of the UDRP was that it focus on a
narrow set of problem/collisions.  It sounds as if you are saying, William,
that "morphing" is occurring, and more cases should be brought before
courts.  thanks for your clarification and response. Marilyn

-----Original Message-----
From: William X. Walsh [mailto:william@userfriendly.com]
Sent: Saturday, June 30, 2001 8:33 PM
To: Cade,Marilyn S - LGA
Cc: 'Sotiris Sotiropoulos'; wsl@cerebalaw.com; ga-udrp; Jefsey Morfin;
ga@dnso.org
Subject: Re[2]: [ga] Some other ideas about the questions... [ga-udrp]
UDRP Questionnaire


Hello Marilyn,

Saturday, June 30, 2001, 4:11:52 PM, Cade,Marilyn S - LGA wrote:


> Folks, while we can get very excited about options and ideas, we do need
to
> reflect back to what the law is...

I think instead what we need to do is decide upon a set of limitations
where a trademark holder may take advantage of the UDRP rather than a
court room, and that those limits may not provide them the same
protections they would have in a court room.

I rather like the idea of flat out prohibiting UDRP claims on domains
over 3 years old.  That forces the mark holder to use a court room to
make claims against domains that have been in use for a while, setting
a higher standard.

I would say that claims based on locality names also be excluded as
previously mentioned.

Claims based on a domain in which the domain or a substantive portion
of the domain is made up of all or some of the registrant's actual
name be excluded, including business names.

If a domain name that is the same as the business name is infringing,
then the business' name itself must also be infringing, so there is a
larger problem here that should be addressed in court, not in a UDRP
hearing.

I think that the UDRP should be restricted to a very narrow class of
marks, and that certain domains should qualify for exemptions from
particular claims.

This does not deprive the mark holder of any rights, since they have
the same legal resource as before.  It is only denying them the
privilege of using the UDRP process.

-- 
Best regards,
William X Walsh <william@userfriendly.com>
Userfriendly.com Domains
The most advanced domain lookup tool on the net
DNS Services from $1.65/mo

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