Re: [wg-b] Creation of Famous List

["John Berryhill Ph.D. J.D." <john@johnberryhill.com>]

From: Michael D. Palage <mpalage@infonetworks.com>
To: Milton Mueller <mueller@syr.edu>; Mikki Barry <ooblick@netpolicy.com>;
<wg-b@dnso.org>

>
> Yes I have been following the UDRP.  Although there are some decisions
that
> I question, I believe it is working.

Then explain why a world-class domain speculator has, this morning,
registered a domain name that the UDRP was used to "cancel" in a dispute
between two Canadian companies claiming the term "FIBERSHIELD".

And guess what he's going to use the domain name for?

If I were any of the U.S. TM holders of "FIBERSHIELD", who were not a party
to the dispute, I would sue the pants off of the NAF.  You simply can't
arbitrate two-party disputes when there are nonparticipating third party
rights involved.  If you want to perpetuate lawsuits against registrars and
the registry, if not ICANN itself, then the UDRP is the perfect time bomb.

And there will be a lot more of this kind of thing.  Here's what the new
owner of fibershield.net is saying:

------------------
Forget about Beanies ... Don't bother with the Pok-e's ... One of the most
collectable set of domain names since the trailing hyphen domains!!  Act
Now!  Don't Delay!

ICANN and WIPO present .... the UDRP cancelled domain names collection!!!

*Trade them with your friends!

*Help support retired judges and trademark lawyers while building your
collection!

http://www.arbforum.com/domains/decisions/92054.html


[whois.alabanza.com]
Consumer Information Organization (FIBERSHIELD-NET-DOM)
   PO Box 44232
   Washington, DC 20026-4232
   US

   Domain Name: FIBERSHIELD.NET

   Administrative Contact:
        Russ Smith  (RS11-BR)  a@consumer.net
        Phone- 703-567-2375
        Fax- 703-567-2375

----------------

If that's your idea of "working" then I'd like to know what your idea of
"not working" is.  This guy just dropped a lawsuit into the laps of a
variety of parties, thanks to the "working" UDRP.