[ga-udrp] UDRP Questionnaire

[DannyYounger@cs.com]

The questions cited below have been put forth by Milton Mueller, and seem to 
be a good starting point. 
http://www.dnso.org/clubpublic/tor-udrp/Arc00/bin00000.bin

001.    To what extent are panel decisions consistent with applicable law?
002.    Are decisions consistent across panelists and dispute resolution 
service providers, and if not, what can be done about it? 
003.    Is the potential for abuse of claimed common law rights so great that 
the policy should be limited to registered marks? 
004.    Should generic names, geographical names, initials and numbers be 
protected from claims by any trademark or name rights' owner, regardless of 
the owner's fame?
005.    Is the high respondent default rate due to a lack of real and timely 
notice of complaints and/or a lack of time to respond?
006.    Do complainants and respondents have parity in post-UDRP access to 
the courts? 
007.    Should the ability to challenge a name under the UDRP expire after a 
single registrant has held the name for a specified period of time?
008.     Should there be an internal review mechanism (such as an appeal 
panel drawn from all the Providers) to overturn clearly erroneous decisions 
without resorting to courts?
009.    Does Complainant selection of the resolution service provider lead to 
"forum shopping" that tends to bias decisions against Respondents?
010.    Should registrars, rather than complainants, pre-select the 
Provider(s) to whom all disputes over names registered with them will be 
referred?
011.    Do policies for accrediting or de-accrediting dispute resolution 
service providers need to be specified in greater detail? Are any providers' 
supplemental rules inconsistent with either due process and/or the ICANN 
rules?
012.    Should the UDRP be amended to enable respondents to initiate a 
"declaratory judgment" regarding their "rights and legitimate interests" in a 
name?

What other questions should be added to this list?
--
This message was passed to you via the ga-udrp@dnso.org list.
Send mail to majordomo@dnso.org to unsubscribe
("unsubscribe ga-udrp" in the body of the message).
Archives at http://www.dnso.org/archives.html