[ga] Re: Mansfield Spam on a usenet newsgroup? - Parish the thought..??

["Andrew S. Mansfield" <andrew_mansfield@yahoo.com>]

John and all former DNSO GA members:

Dr. Berryhill's analysis of trademark rights in the
words WIPO, UDRP, etc. is ludicrous and demonstrates a
lack of understanding concerning basic trademark
principles.  One of the main principles of trademark
law is fair use and descriptive use.  Hopefully, Dr.
Berryhill is aware of the Estee Lauder line of
caselaw.

The truth is:

1. I am an accredited and practicing WIPO UDRP
panelist; and
2. Prior to the collapse of eResolution, I was an
eResolution panelist; and
3. I currently represent private clients in UDRP
proceedings whether they are before NAF or WIPO.

I have an absolute right to describe extrinsic facts. 
Those are the facts.  Trademark law is inapplicable. 
In fact, the thread is a rather interesting "red
herring" and misapplication of law.

As to Mr. Williams' unprovoked invective, it seems his
e-mail below published to a wide audience likely
constitutes business defamation.  To that end, I
challenge Mr. Williams, whatever his credentials, to
indicate what is "misinforming," what is "less than
accurate," and what is "less than honest" in my former
communication.  I also ask Mr. Williams, if he stands
behind his statements, to send me his physical address
for service of process in case he cannot justify his
statements.

What are the arbitration considerations I need to
"brush up on?"  Are you taking aim at the general fact
that WIPO arbitrators can serve both as panelists and
take private cases?  Or is there something you think I
personally am missing?

UDRP proceedings are arbitrations.  That is basic.  In
almost all cases, as was discussed at the most recent
gathering of WIPO arbitrators in Geneva and recorded
in the proceedings, UDRP results are enforced in
national courts.

Finally, both serving as a panelist and representing
clients in UDRP proceedings is NOT the practice of
law.  One need not be licensed in any jurisdiction. 
It is not practicing within the jurisdiction of the
State Bar of California.  The advertising practices
for that service are not, therefore, covered by that
organization's rules.  Even if they were, my conduct
meets all requirements.

I believe having someone who has reviewed UDRP
submissions and drafted decisions IS a major benefit
to a UDRP party's case.  Would not many people
appreciate having a former judge in a Superior Court
in California argue a case in his former court?  It
happens every day and fairness issues are not raised. 
It simply means that he understands the practices and
procedures better than most of his fellow attorneys.

You might also like to know that the ABA is merely an
advisory and member-services organization.  It is not
a regulatory body.  Report away to the ABA.  And what
the U.S. Senate thinks about UDRP rules and
procedures, in my personal opinion, matters not at
all.

All of the opinions above are mine, of course, and not
representative of WIPO.

Andrew Mansfield
http://www.mendolaw.com

--- Jeff Williams <jwkckid1@ix.netcom.com> wrote:
> John and all former DNSO GA members,
> 
>   In your recent post to the UDRP Task force list
> John,
> See:
>
http://www.dnso.org/clubpublic/nc-udrp/Arc00/msg00540.html
> I took note of Mr Mansfield's rather less than
> accurate yet
> provocative as well as somewhat misinforming
> "Advertisement"
> for his legal services for Domain Name holders at a
> "Flat Fee"...
> I acknowledge and support your chiding of Andrew in
> his
> rather less than honest advertisement on that
> Newsgroup.
> Seems Andrew needs to brush up a bit regarding
> arbitration
> considerations to properly represent his potential
> clients...
> 
>   I realize that the legal profession is under
> increasing pressure
> these days but seems that Andrew is reaching a bit
> here.
> I wonder if the ABA would be interested in this
> errant
> advertisement? Or the California Bar Association?
>  I am quite sure that the senate judiciary committee
> would be interested...
> 
> 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
> 
> 
> 


=====
Andrew S. Mansfield
mansfield@pobox.com

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