Re: [ga] WIPO Arbitrators Stern In Domain 'Hijacking' Rulings

[Jeff Williams <jwkckid1@ix.netcom.com>]

John, Eric and all assembly members,

  I am afraid Eric, that John has you here, dead to rights.  No pun intended
John!  >;)   Oooooo!  Ouch!  Eh Eric?  Next time do your homework,
or "Discovery" in legal parlance terms, Eric.

John Berryhill wrote:

> From: "Eric Dierker" <eric@hi-tek.com>
>
> > Dr. Berryhill,
> >
> > The U.S. legal system is not quite the ivory tower monolith you seem to
> think.
>
> I don't know much about ivory towers.  I'm a practicing IP attorney, not an
> academic.
>
> > It is more likely than not that those that can afford good Attorneys will
> > prevail over those that cannot.  I have not seen a single case of a
> registrant
> > obtaining a contingency lawyer on a domain name matter.  If you think mom
> and
> > pop down at wheel- haul.com can beat out U-hauls lawyers by hiring an IP
> lawyer
> > on the fly you live in a fairy tale.
>
> The fairy tale I live in is one where mom and pop regularly beat high-priced
> lawyers in UDRP disputes.  Have a look at, for example,
> http://www.motorcyclist.com/JohnBerryhill.htm , which describes how a lone
> Hawaiian motorcycle mechanic beat a large publisher with a team of expensive
> LA lawyers, by using a "reasonably priced" lawyer.
>
> Or have a look at http://www.arbforum.com/domains/decisions/95559.htm to see
> how a small businessman in California beat one of the largest US publishers
> and its team of lawyers from one of the largest law firms on the planet.
>
> Take a look at
> http://arbiter.wipo.int/domains/decisions/html/2001/d2001-0233.html and read
> how an individual in Switzerland beat the Rand Refinery, which quite
> literally has more gold than anyone on earth to spend.
>
> Take a look at http://www.arbforum.com/domains/decisions/97076.htm where a
> citizen beat the city government of Salinas.  Because that case involved a
> public agency, we were able to find out that the City of Salinas government
> spent $23,000 paying its lawyer in that case.  The Respondent, on the other
> hand, had expenses of somewhere less than 1/10 that amount.
>
> The prevailing respondents in the skipkendall.com dispute spent a grand total
> of $400 on attorney's fees in preparing their response.
>
> You have absolutely no experience in this area, and no idea what you are
> talking about.
>
> > I could be wrong and would be happy to find out that I was.  Please list a
> few
> > IP firms or divisions of firms that would take these matters on based upon
> a
> > recovery of fees concept.  Shucks, list a lawyer.
>
> To defend a respondent in a UDRP there is no "recovery of fees" because there
> IS no monetary reward to a prevailing domain name registrant.  Of what do you
> want the "contingency" to subsist?
>
> I don't know a single attorney who regularly defends these things that has
> not provided many, many hours of free advice and assistance to respondents in
> UDRP disputes, or to domain registrants who have received cease and desist
> letters.  Again, I have to ask, what is your experience?  How many lawyers
> did you contact with your domain name dispute, and what were you told?
>
> Or do you mean that someone who intends to sell a generic domain name for
> thousands of dollars is somehow entitled to volunteer help in protecting it
> before she can make that sale?  Uh, yah, I'm sympathetic but I'm not a chump.
>
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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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