Re: [ga] Some other ideas about the questions... [ga-udrp] UDRP Questionnaire

["William S. Lovell" <wsl@cerebalaw.com>]

Eric:

I practice in that circuit, or did when I was doing litigation; don't know if
I will again.  But anyway, I haven't said anything that is not already well
known about the 9th.  And attorneys do have the right to criticize their
courts, in any event -- it is the job of the attorney to prevent the court
from committing error, and when error is committed, it is equally the job
to point that out, so as to avoid the same error next time.  But not, of
course, attacks on particular judges (except under extraordinary
circumstances), which would be unprofessional. (Haven't followed the
details, but the Microsoft attacks on the trial judge in that antitrust
case go to be pretty scathing.)

Bill

Eric Dierker wrote:

> Someone is going to hate themselves in the morning.  Especially if said someone
> practices in said circuit. But said someone is very accurate and deserves major
> Kudos.  Although this said writer would not dare give them in light of reputation of
> said circuit. Allow said persons to know they have acted out of haste and with regard
> to truth and not said ones fate!!
>
> Unsigned out of cowardice
>
> Sotiris Sotiropoulos wrote:
>
> > "William S. Lovell" wrote:
> >
> > > <snip>I'll hate myself for this, but the way that the courts enforce uniformity
> > > over,
> > > say,
> > > the regional circuit courts, is that there is an appeal to the U. S. Supreme
> > > Court
> > > which then defines standards for the lower appellate courts to follow.  Even
> > > that
> > > does not work too well -- some circuits (e.g., the 9th) make it a practice of
> > > weaseling their way around U. S. Supreme Court decisions -- they read the ones
> > > they want to read and ignore the rest.<snip>
> >
> > Is that the infamous "Rocket Docket"?  Yes, a rather slick operation that...  Did
> > someone say something about Law???
> >
> > > <snip>(And here, of course, is one of the major
> > > problems: I would
> > > wager that most of those on these panels are techie Internet gurus who don't
> > > know beans about
> > > any trademark law anywhere.)<snip>
> >
> > I'll take you up on that wager Bill.  How much would you like to lose?
> >
> > > > >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?
> > >
> > > Good question
> >
> > An excellent question Marilyn!  Milton Mueller has already proposed a 3 year
> > registration stipulation.  I fully support Milton's initiative.
> >
> > Regards,
> >
> > Sotiris Sotiropoulos
> >
> > --
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