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

["Cade,Marilyn S - LGA" <mcade@att.com>]

Folks, while we can get very excited about options and ideas, we do need to
reflect back to what the law is...

I know that courts aren't perfect either.  But then,neither is random
justice, doled out by fiat... so somewhere there is a balance and we do the
best we can.  I don't know if Milton's proposal of 3 years works in actual
experience, but I suspect that if someone has been using a domain name for
three years, most courts would take that into consideration.


-----Original Message-----
From: Sotiris Sotiropoulos [mailto:sotiris@hermesnetwork.com]
Sent: Saturday, June 30, 2001 6:56 PM
To: wsl@cerebalaw.com
Cc: ga-udrp; Cade,Marilyn S - LGA; Jefsey Morfin; ga@dnso.org
Subject: Re: [ga] Some other ideas about the questions... [ga-udrp] UDRP
Questionnaire


"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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