Re: [ga] Re: UDRP News

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

Paul and all assembly members,

Paul Cotton wrote:

> Whilst on this subject, there are a few of questions about the UDRP I would
> love to have answered.
>
> 1) How can offering for sale be bad faith seeing as prior to a determination
> to the contrary, the domain holder would have rights in the domain, and if
> their ownership were vindicated they could rightly offer their asset for
> sale at a price that they choose.  To treat an offer for sale as inherent
> bad faith is circular logic - take the cheaper.com case.  The onus should be
> upon the complainant to show why no other party should be able to use that
> common dictionary term.  Trademarks are not granted by the USPTO or any
> other tm agency to blanket prevent terms being used and its time the UDRP
> panelists stopped pretending otherwise.

  Is this a question or a statement?  Given that there is no "?" and it seems
to be crated in such a was as to appear to be a statement.  I am not getting
what the question here really is.  However be that as it may, these points
have been brought up before and "Ask", by yours truly, on a number
of occasions in so many words and we are in agreement with Paul's
"Statement/non-question here.

>
>
> 2) Where exactly in the UDRP or the UDRP rules does it allow for previous
> cases to be treated as precedent?

  It doesn't.  But this is still a good question that the ICANN BoD or
WIPO needs to answer officially.  Don't hold you breath...

>  This is something has been allowed to
> happen over time yet it just erodes the UDRP rules and the ethos behind the
> UDRP.  Its interesting to note that the UK's new dispute resolution policy
> explicitly states that past cases are not to be treated as precedent.
>
> 3) If a complainant can refile a complaint doesn't that effectively give
> them a route to a form of appeal that does not have a corresponding route
> for the domain holder.

  Again it is not clear that this is a question, but seem rather to be a
statement.  Again however, we agree with the gist of this comment
entirely...  And also again, this has been "Ask" on several other
occasions to WIPO and the ICANN BoD.  No answer so far...

>
>
> Regards
>
> Paul Cotton
>
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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
Contact Number:  972-447-1800 x1894 or 214-244-4827
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208


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