RE: [nc-udrp] UDRP Review Questionnaire

["Milton Mueller" <Mueller@syr.edu>]

I have a great deal of trouble with question 20 
and the one marked "(New to replace 41)"

First, they duplicate each other. 

Second, the question only makes sense if it is directed 
to complainants. Respondents have no choice abouit
whether they participate in a UDRP decision, so it
is rather bizarre to ask them what factor most influenced
their decision to participate in one.

Third, for Complainants the factor which "most 
influenced their decision to participate in a UDRP
proceeding" is likely to be the simple fact that 
someone has registered a domain name they think is 
identical or confusingly similar to one of their marks. 
Yet that is not an option.

Perhaps the question is trying to ask: "why did you use
the UDRP to try to reclaim a domain name, rather than 
court litigation?" But in that case, the "merits of your case"
and the "provider reputation" answers make no sense.

I would also suspect that few if any complainants would
select "thoroughness of process" as a reason for
participating in the UDRP. 

That question needs to be fundamentally re-thought.

I will have comments about other questions later.
--MM