[ga] Interesting WIPO ruling re: NewZealand.biz

[George Kirikos <gkirikos@yahoo.com>]

Hello,

I came across the following today:

http://arbiter.wipo.int/domains/decisions/html/2002/dbiz2002-00270.html

It was quite a strange matter, and the Respondent basically wanted it
transferred to the New Zealand government.

For those who follow UDRP cases, though, I hope this one doesn't set a
precedent, as it seems to be a poor complaint in the first place. For
instance, they wrote:

"Complainant indicates that "‘NEW ZEALAND’ is a trade and service mark
owned collectively by all NZ citizens, organizations and the State,
i.e. by the Complainant", and

"Persons seeking to do business in a country via the Internet will
assume that the domain name [country].biz is run by or on behalf of its
institutions, so that the mere acquisition of a [country].biz name by a
person who is not a citizen, organization of or the state is an act in
bad faith."

I think that'd be a new low in terms of poor reasoning for "bad faith".
I would hope that if there had been a stronger defence, a case like
this wouldn't have been decided in this manner, as it weakens the
claims of other legitimate domain owners.

Sincerely,

George Kirikos
http://www.kirikos.com/

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