Re: [ga] Apply for a TM, and make $12000 on a domain you never owned!

[Joop Teernstra <terastra@terabytz.co.nz>]

At 04:50 p.m. 28/12/2002, Andy Gardner wrote:


>But you'll have to pay NAF to help in this little scam...
>
>http://www.theregister.co.uk/content/6/28676.html

This gets more interesting as you look at the Dispute resolution policies 
now on offer:

"Start Up Opposition Policy" (STOP) is a dispute resolution  policy that we 
have not heard much about.  According to 
http://www.neulevel.biz/stop_overview/stop_overview.html

a. It is an ICANN -adopted Dispute resolution policy
b. It is limited to .biz registrations
c. For a fee (you have to "enroll" in the NeuLevel Intellectual Property 
Claim Service
) Trademark owners can prevail over DN registrants with a lower burden of 
proof of bad faith registrations.

The case itself demonstrates that dispute resolution policies, in the 
absence of binding rules about jurisdiction, still don't "resolve" anything.
The party with the deeper pockets (even if it was unsuccessful in obtaining 
the TM!) can still bully the other party into settlement by threatening to 
start all over again in another jurisdiction.


-joop-

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