Re: [ga] WIPO Arbitrators Stern In Domain 'Hijacking' Rulings

[Dan Steinberg <synthesis@videotron.ca>]

This is all fine and well, but requires going to court. The URDP was brought in
originally so trademark holders did not have to go to court. It was even agreed
in testimony before the WIPO roadshow that existing courts offered remedy in
almost all the cases, but that the UDRP was needed so they wouldnt be faced with
the option of settling to pay 'cybersquatters' (their term not mine) rather than
going to court.

So, if the URDP is there so TM holders don't have to go to court for remedy,
should it not be the same for domain holders?

John Berryhill wrote:

> >
> > Wouldnt' the domain name holder be able to take civil action to recover
> > costs and any compensation they believe they were entitled to?
>
> In the US, yes:
>
> 15 USC 1114(2)(d)(iv) -
>
> If a registrar, registry, or other registration authority takes an action
> described under clause (ii) based on a knowing and material
> misrepresentation by any other person that a domain name is identical to,
> confusingly similar to, or dilutive of a mark, the person making the knowing
> and material misrepresentation shall be liable for any damages, including
> costs and attorney's fees, incurred by the domain name registrant as a
> result of such action. The court may also grant injunctive relief to the
> domain name registrant, including the reactivation of the domain name or the
> transfer of the domain name to the domain name registrant.
>
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--
Dan Steinberg

SYNTHESIS:Law & Technology
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