Re: [nc-udrp] Panelist Quality Control

[Dan Steinberg <synthesis@videotron.ca>]

I am pleased that this task force is re-awakening and I am certainly willing to
continue participating. I would hazard that an interim report by November 2002
is an ambitious goal but if there is a way to break up the work into managed
pieces it may indeed be possible.

Dan Steinberg

SYNTHESIS:Law & Technology
35, du Ravin  phone: (613) 794-5356
Chelsea, Quebec  fax:   (819) 827-4398
J9B 1N1                 e-mail:synthesis@videotron.ca


jse@adamspat.com wrote:

> Dear All:
>
> I believe that the criterion for arbitrators is set by each individual
> provider.
>
> With regard to this inactive list, I have been appointed as the Chair of
> this Task Force as many of you are aware.  I have spent the last several
> weeks reviewing the numerous (over 500) emails in my UDRP mail box.  The
> first task is to determine who of the original Task Force members is still
> willing to participate in this process.  The next task will be to look at
> the Terms of Reference document and compare that to the survey results.
> Please understand that the Survey is NOT intended to control the outcome of
> our recommendations in the areas identified in the terms of reference.
>
> So, if the recipient's of this message will respond by no later than Oct. 12
> and let us know who is willing to move forward with this Task Force.  It is
> my hope to have an interim report/progress report ready by the NC meeting in
> November 2002.  I look forward to hearing from each of you and I am hopeful
> that you all will participate.  I believe the Task Force is populated with
> many differing views and many good minds.  Together I feel confident that we
> can provide the NC and, ultimately, the Board with a solid recommendation on
> the UDRP.
>
> I look forward to hearing from each of you very soon.
>
> Kind regards.
>
> J. Scott Evans
> ADAMS, SCHWARTZ & EVANS, P.A.
> jse@adamspat.com
> 704-375-9249
> ----- Original Message -----
> From: "Michael Froomkin - U.Miami School of Law" <froomkin@law.miami.edu>
> To: "John Berryhill Ph.D. J.D." <john@johnberryhill.com>
> Cc: <nc-udrp@dnso.org>
> Sent: Tuesday, October 08, 2002 1:37 PM
> Subject: Re: [nc-udrp] Panelist Quality Control
>
> > I can tell you that whatever the criteria are, WIPO appears to believe I
> > do not meet them, as they rejected my application....
> >
> > On Tue, 8 Oct 2002, John Berryhill Ph.D. J.D. wrote:
> >
> > >
> > > Nobody seems to know the answers to the questions I had asked earlier
> about
> > > what are the criteria for accrediting panelists, or what training
> materials
> > > are provided to panelists, which is somewhat odd considering that UDRP
> > > panelists are on this busy task force.  The following case is an
> interesting
> > > study in what happens when panelists do not actually read the policies
> under
> > > which they are making decisions.
> > >
> > > http://arbiter.wipo.int/domains/decisions/html/2002/dbiz2002-00270.html
> > >
> > > This is a .biz STOP decision.  The .biz STOP policy requires the domain
> name
> > > to be identical to the complainant's mark (the "confusingly similar"
> language
> > > was not included in .biz STOP).
> > >
> > > The domain name is "newzealand.biz", and concerning the trademark claim,
> the
> > > panelist unequivocally finds:
> > >
> > > "To summarize its determination in this proceeding, the Panel rejects
> > > Complainant's claim to trademark and service mark rights in 'NEW
> ZEALAND'."
> > >
> > > And then the panelist orders transfer of the domain name.
> > >
> > > The reason for the transfer was the panelist's understanding of the
> rules for
> > > determining whether further challenges of multiple claimants would be
> > > permitted after a transfer has been ordered.  That rule, which is based
> on
> > > whether the complainant has legitimate rights of any kind, was used by
> this
> > > panelist to write the trademark requirement completely out of the
> policy.
> > >
> > >
> > >
> > >
> >
> > --
> > Please visit http://www.icannwatch.org
> > A. Michael Froomkin   |    Professor of Law    |   froomkin@law.tm
> > U. Miami School of Law, P.O. Box 248087, Coral Gables, FL 33124 USA
> > +1 (305) 284-4285  |  +1 (305) 284-6506 (fax)  |  http://www.law.tm
> >                       -->It's very hot here.<--
> >
> >

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