Re: [ga] Reuters: Net name dispute body gets first case

["William X. Walsh" <william@dso.net>]

On 07-Dec-99 Ken Stubbs wrote:
> this  VW case is significantly  different and represents to me a clear
> misuse of the legal system by a large company to try to enforce its will
> against others by what i call "financial intimidation". i have stated
> and
> felt from the beginning that the volkswagen claims were unfounded and
> unfair.
> 
> but dont imply that all claim filed under the UDRP have no merit. i
> fully
> recognize that there are some out there who dont like the idea of any
> dispute resolution process or anyones right to ever make a claim but
> they
> are a very small minority. (i would also admit that i am a very small
> minority on this list when it comes to advocating for the UDRP but i can
> live with that and like you i wont be shouted down for those views
> either)

Ken,

These cases make it very clear that the case law in this area if still
VERY new, and has not been sufficiently fleshed out even in just the US to
provide a strong basis of law to be used in during mandatory arbitration. 

But then the UDRP wasn't about protecting the rights of the domain holder,
but of helping the corporations not have to live up to their legal
obligation to vigorously defend their marks.

--
William X. Walsh - DSo Internet Services
Email: william@dso.net  Fax:(209) 671-7934