Re: [ga] When I say VEDA, you think of?

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

Marc and all former DNSO GA members or other interested parties,

  Let us all face the facts regarding ICANN/WIPO's UDRP.  It is
broken, has been flawed from the beginning, is not a method for
settling Domain Name disputes that is legitimate on a global basis,
and is presently managed by individuals that are relative newcomers
to the internet and especially the DNS.

  I personally don't see a Mark for VEDA.COM in the TESS database...
Nor it there a service mark filed for VEDA.COM...

Here are the two VEDA marks doc:
Typed Drawing

 Word Mark
                   VEDA
 Translations
                   The English translation of "VEDA" is "one or all of the
holy books of writing in Hinduism".
 Goods and Services
                   IC 010. US 026 039 044. G & S: MEDICAL AND VETERINARY
APPARATUS, NAMELY
                   SPECULA, SPATULAS, PROCTOSCOPES AND ANAL SPECULA AND
DISPOSABLE
                   COMPONENTS, PARTS AND ACCESSORIES FOR THE AFORESAID
APPARATUS
 Mark Drawing Code
                   (1) TYPED DRAWING
 Serial Number
                   76217634
 Filing Date
                   February 28, 2001
 Filed ITU
                   FILED AS ITU
 Owner
                   (APPLICANT) S.S.H. Medical Limited COMPANY AUSTRALIA Unit
34, 2 Railway Parade,
                   Lidcombe New South Wales 2141 AUSTRALIA
 Attorney of Record
                   Jeffrey H. Epstein
 Section 44 Indicator
                   SECT44
 Priority Date
                   September 4, 2000
 Prior Registrations
                   2443782
 Type of Mark
                   TRADEMARK
 Register
                   PRINCIPAL
 Live/Dead Indicator
                   LIVE

================
Typed Drawing

 Word Mark
                      VEDA
 Goods and Services
                      IC 033. US 047 049. G & S: Alcoholic beverages, namely,
vodka
 Mark Drawing Code
                      (1) TYPED DRAWING
 Serial Number
                      76317944
 Filing Date
                      September 20, 2001
 Published for Opposition
                      September 17, 2002
 Registration Number
                      2658817
 Registration Date
                      December 10, 2002
 Owner
                      (REGISTRANT) "Veda" JSC CORPORATION RUSSIAN FEDERATIO 13
Teatralnaya ul.
                      Kingisepp, Leningradskaya oblast RUSSIAN FEDERATIO
188450
 Attorney of Record
                      Marina F. Cunningham
 Section 44 Indicator
                      SECT44
 Priority Date
                      April 25, 2001
 Type of Mark
                      TRADEMARK
 Register
                      PRINCIPAL
 Live/Dead Indicator
                      LIVE

Marc Schneiders wrote:

> Right, Veda is a trademark. The WIPO panelist did find out that it is also
> a venerated collection of religious Hindu texts. So he is smarter than the
> one who did bodacious-tatas.com. However, since the registrant of VEDA.COM
> did not reply to the UDRP-complaint, we must assume, he thinks, bad faith
> as well as lack of legitimate interest.
>
> So a complainant does not have to prove that? No, just an allegation.
> And if you happen to have forgotten to do as much as that, the panelist
> comes to your aid:
>
> "the Panel may conclude that Complainant has not proved that the domain
> name is used in bad faith pursuant to the Policy. This Panel, however,
> believes that the poor drafting of a Complaint should not deprive a
> Complainant of substantial justice, when arguments not explicitly
> mentioned in the Complaint are both somewhat obvious"
>
> Are there any cases in which the same easy going attitude for the sake of
> so-called trademark justice is evidenced towards respondents who poorly
> word their response? Or who don't reply? No, we assume the worst. So why
> not the same approach to complainant? Especially, since this complainant
> made allegations that the panelist rejected.
>
> I am very sorry and apologize to all panelists for whom the work is not
> business but a service to the community. But I cannot get it out of my
> mind, that the fact that panelists are paid by the complainant leads to
> this sort of horrible decisions.
>
> This case reads like some prosecutor accusing me of murdering his father.
> He cannot prove it. But since I do not answer to the allegation, the judge
> decides I should hang anyway, not for killing the father, which is
> unproven, but since the whereabouts of the mother are unknown, I might
> have killed her. I wasn't accused of killing the mother, but still, for
> the sake of justice, we assume the public prosecutor meant that. (This is
> a very useful analogy.)
>
> There are more 'gems' in this decision. A must read for everyone not yet
> bored by the injustice dispensed by a United Nations Organization.
>
> http://arbiter.wipo.int/domains/decisions/html/2002/d2002-1040.html
>
> Finally, why is there a UDRP case two full years after it started
> for a domain registered in 1994?
>
> --
> [02] I will be happy to answer any questions.
> http://logoff.org/
>
> --
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Regards,
--
Jeffrey A. Williams
Spokesman for INEGroup LLA. - (Over 129k members/stakeholders strong!)
================================================================
CEO/DIR. Internet Network Eng. SR. Eng. Network data security
Information Network Eng. Group. INEG. INC.
E-Mail jwkckid1@ix.netcom.com
Contact Number: 214-244-4827 or 214-244-3801


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