Re: [ga] Re: [ga-udrp] WWF - World Wide Fun

[Jefsey Morfin <jefsey@wanadoo.fr>]

This is actually preposterous. The DNs are the property of no one so of 
everyone. This decision may or not harm one or two WWF. This actually not 
my problem.

But it do harm me as an Internet User. I am entitled to be protected from 
the introduced confusion and from the routing collision this creates. When 
I click on an http://www.wwf.com link on a site, I will meet a turtlle and 
not the human fighter I expected. This makes me confused and makes me 
disapointed and waste time. All the more than when I want to see a turtle I 
keep using http://www.wwf.org .

The contract you refer to is obviously not valid as it involves something 
none of the parties had capacity to engage. This is only through cases like 
that that a jurisprudency may happen. To make it understood by the Juge I 
would suggest this:

1. the DN is not defined in the UDRP procedure, hence it has a common 
meaning: it is the name of a domain as per the domain owner or by the 
people reffering to the domain (common behavior)
2. the domain is the site. Is the site legitimate. Yes. Is WWF the name of 
the wreslting group, yes. So anyone - the WWF, me, you ... has the right to 
use http://www.wwf.com to access the wrestlers site.
3. I would suggest that the wrestler donates their DN to a non-profit. That 
non-profit would chose to use the DN for public convenience targeting a 
site of commercial nature wearing the WWF logo. This would probably remove 
the contract from the picture and lead to an interesting case.

Jefsey


On 17:29 16/08/01, Anupam said:
>The decision was based not principally on domain name or trademark "law,"
>but rather on a contract on the use of the "WWF" mark between the World
>Wrestling Federation and the World Wildlife Fund.  The environmental group
>has been successful, so far at least, in its argument that the wrestling
>organization violated the terms of the contract.
>
>Best,
>Anupam Chander
>
>
>
>on 8/16/01 4:56 AM, Jefsey Morfin at jefsey@wanadoo.fr wrote:
>
> > Is that not crazy?
> > http://wwf.com is commercial with stuff for wrestlers
> > http://wwf.org is non commercial with panda stuff.
> >
> > has the WIPO been briefed about TLDs. Even St. Lynn ICP-3 Revelation Book
> > understands that.
> > has http://wwf.net been challenged?
> >
> > Should Panda not be entitled to http://wwf.int?
> > to who may be interested http://panda.cn seems to be free.
> >
> > Jefsey
> >
> >
> >
> > On 14:17 16/08/01, Patrick Corliss said:
> >> WWF - WWF can't use WWF : World Wrastlin Federation was sued by the World
> >> Wildlife Fund over the domain name wwf.com and lost. WWF's defense was 
> fans
> >> are too stupid to remember another URL. Too bad, they gotta change it now.
> >> lame.
> >>
> >> 
> http://forum.fuckedcompany.com/phpcomments/index.php?newsid=14614258659&page
> >> =1&parentid=0&crapfilter=1
> >>
> >> Regards
> >> Patrick Corliss
> >>
> >>
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