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

[Jeff Williams <jwkckid1@ix.netcom.com>]

Jefsey and all assembly members,

Jefsey Morfin wrote:

> 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.

  First last here.  This is everyone's problem.  As DN is the property of the
registrant.

>
>
> But it do harm me as an Internet User.

  Yes it does.  That is one reason why it is everyone's problem, but not the
only reason.

> I am entitled to be protected from
> the introduced confusion and from the routing collision this creates.

  Yes it would if there are more than one wwwf.com.  But in this case there
isn't.  However if the situation was wwf.biz or wwf.info, than you have
a potential collision problem as well as a TM problem as well.  And this
is one of the arguments I made for our members long ago now.

> 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.

  Nope you won't.  However you might if it was http://www.wwf.biz or
http://www.wwf.info in the near future.  Is this confusing?  Yes it is.  Is
that confusing reconcilable by the user?  In most instances it is, yes.  Is
this confusion necessary?  in some instances, yes.

> This makes me confused and makes me
> disapointed and waste time.

  I think you are smarter than this Jefsey, so I doubt that your are going to
be confused.  However, some users might be temporarily confused.

> All the more than when I want to see a turtle I
> keep using http://www.wwf.org .

  You might.  >;)  Don't you like turtles?  >;)  I just hope we wont see
Kent Crispin at this site or heaven forbid, Dave Crocker...  >;)

  But all terrible instances aside, one must understand that .ORG and
.COM are two different name spaces.  Yes, there is some overlap,
and there needs to be between .ORG and .COM, and for that matter
.NET as well.

>
>
> 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.

  Agreed.

>
> 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.

 Well this logic doesn't follow...

>
>
> 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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> > >
>
>

Regards,

--
Jeffrey A. Williams
Spokesman for INEGroup - (Over 118k members strong!)
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail jwkckid1@ix.netcom.com
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