Re: [ga] Re: .BIZ RDRP Disputes

[steinle@smartvia.de]

Yes it is a stupid policy.
But I think the point was: How can WIPO request a Trademark, when there is
no requirement for a Trademark according to RDRP!? Is this legal?

'Date: Fri, 15 Nov 2002 17:52:16 +0100 ...we [WIPO] have contacted NeuLevel,
the .BIZ registry, with regard to your question and will come back to you
shortly.'
Wow, that's short ;-)

Simon


----- Original Message -----
From: "John Berryhill Ph.D. J.D." <john@johnberryhill.com>
To: "Max Meier" <maxmeier@lawyer.com>; <ga@dnso.org>
Cc: "Christian Wichard" <christian.wichard@wipo.int>; "Tsutomu Takahashi"
<tsutomu.takahashi@wipo.int>
Sent: Wednesday, February 19, 2003 9:19 PM
Subject: Re: [ga] Re: .BIZ RDRP Disputes


>
> > In the RDRP policy there is no provision which
> >requires the Complainant to hold an identical or a
> >confusing similar trademark to request a transfer of a disputed domain
name.
>
> Welcome to the "big joke" of the RDRP, and the reason why you do not see
many
> RDRP filings (unless combined with a UDRP).
>
> The RDRP says that the panel can order transfer or cancellation.  There
are
> no criteria provided in the RDRP for one remedy or the other.  Clearly, it
> would seem stupid to entitle anyone to "transfer" merely because they were
> the first one to complain that a registrant was not following the
> registration restrictions on .biz names (i.e. you can't sell them, absent
> sale of an associated business).  If that were the case, then the RDRP
would
> be a wonderful vehicle for setting up "straw disputes" wherein a
complainant
> (who is actually a cybersquatter) cooperates with a respondent in order to
> have the respondent violate the RDRP, then file a complaint, and then
obtain
> a transfer that would cloak the subsequent registration in a veneer of
> legitimacy.
>
> Clearly as well, the idea of paying for an RDRP proceeding merely to
obtain
> cancellation of a domain name is.... stupid... since the only practical
> effect is to make the domain name available to anyone who is quick enough
to
> grab it when it is cancelled.
>
> The RDRP was put into the .biz proposal as mere eyewash to suggest that
.biz
> names would be free of speculation.  Anyone who thinks about the RDRP for
> more than a few minutes will recognize what a silly thing it is.
>
>
>
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