[ga] Re: FC: Jamie McCarthy on problems with domain name dispute process

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

Declan and all,

  Thank you Declan for posting Jamie's comments here (see below).
They are exactly the same reasons that we have been displeased
and dismayed by the current ICANN/WIPO UDRP that was
hoist upon the stakeholders.  Jamie's phrasing was much better
than most of what I have read or posted for our members on this
subject area and finally verifies the truth as to what really concerns
the IPC and BC Constituencies of ICANN which got the present
UDRP forced down the stakeholders/users throats back in '99...

Declan McCullagh wrote:

> ---
>
> Date: Wed, 29 Jan 2003 13:39:31 -0500
> From: Jamie McCarthy <jamie@mccarthy.vg>
> Subject: Re: FC: Federal judge holds Bill Purdy in contempt, gives one
> more  chance
> To: declan@well.com, politech@politechbot.com
>
> declan@well.com (Declan McCullagh) writes:
>
>  > Again I say, if the Eighth Circuit doesn't overturn this
>  > craziness, this nonsense, then all of we American Internet users,
>  > the pro-lifers, the pro-choicers, the anti-war crowd, the
>  > tree-huggers, everybody - we're in BIG, BIG, BIG trouble!
>
> This is three-year-old news.  We've been in big trouble since WIPO
> said that "guinness-beer-really-really-sucks.com .com" was
> confusingly similar to the trademarked phrase "Guinness Beer".
>
> WIPO in that same decision went on to proclaim that even if the
> domain names were not "confusingly similar," they can still take
> away the domain.  Why?  Because you or I might Google on the
> trademarked phrase, happen to notice the *sucks domains, and, out
> of idle curiosity click on those sites instead of the company's.
>
> We are not users, you see;  we are potential customers.  So our
> curiosity is an official reason for taking away domain names and has
> been for three years:
>
>      The fact that each of the said domain names in issue in these
>      proceedings constitute an abusive, insulting or possibly even
>      defamatory statement would in the view of this Administrative
>      Panel be sufficient to alert most English speaking users of
>      the Internet that the domain name is not the address of a www
>      site associated with the Complainant. This was accepted by the
>      administrative panel in Wal-Mart Stores, Inc. v. Walsucks and
>      Walmarket Puerto Rico WIPO case D2000-0477, in a similar
>      case...
>
>      In that case however the administrative panel went on to
>      consider the next element of the Sleekcraft test and concluded
>      that:
>
>      "it is likely (given the relative ease by which websites can
>      be entered) that such users will choose to visit the sites, if
>                            ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>      only to satisfy their curiosity. Respondent will have
>      ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>      accomplished his objective of diverting potential customers of
>                                    ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>      Complainant to his websites by the use of domain names that
>      are similar to Complainant's trademark."
>
> Please note that the Policy which WIPO is bound to follow says very
> explicitly that domain names must be "identical or confusingly
> similar."  They just sling a lot of legalese to reverse the common
> understanding of those words.
>
> Another officially-stated reason for taking away domain names is
> that "Respondent admitted ... that he registered [them] because he
> was angered."  According to WIPO, emotionalism is proof you are
> acting in bad faith.  So I'm guessing Mr. Purdy doesn't have a
> chance.
>
> Does this make your readers mad?  I advise them to exercise a
> five-day waiting period before protesting.
>
> http://yro.slashdot.org/article.pl?sid=00/10/31/1719237
> http://arbiter.wipo.int/domains/decisions/html/2000/d2000-0996.html
> http://www.icann.org/udrp/udrp-policy-24oct99.htm
>
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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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