Re: [ga-udrp] UDRP Questionnaire

["NameCritic" <watch-dog@inreach.com>]

Good questions to add IMO.

Chris McElroy aka NameCritic

----- Original Message -----
From: "Jeff Williams" <jwkckid1@ix.netcom.com>
To: <DannyYounger@cs.com>
Cc: <ga-udrp@dnso.org>
Sent: Saturday, June 30, 2001 4:25 AM
Subject: Re: [ga-udrp] UDRP Questionnaire


> Danny and all,
>
>   I can think of a few...
>
> 1.) Is the current UDRP supposed to be a participating stakeholder
>      approved process/procedure?
>
> 2.) Should all participating stakeholders have a vote in the approval of
>      any UDRP or revision of the current one?
>
> 3.) Should there be a periodic review process for any UDRP?
>
> 4.) Should a respondent be required to show a TM filed on a domain
>       Name being challenged even if that respondent has not yet received
>       a response to his/her/it's filing?
>
> 5.) Should any decision on a complaint filed be based on international
>      Trademark Law or the law indiginant to the respondent?
>
>
> DannyYounger@cs.com wrote:
>
> > 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?
> > --
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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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