Re: SV: [wg-c] Deadlines

[owner-wg-c@dnso.org (by way of Jonathan Weinberg <weinberg@mail.msen.com>)]

reposted for Rod Dixon
--------------------------------


Hmm... The WIPO administrative procedure is mandatory, but only applies to
"cybersquatting." Still, why should TM owners force a domain owner (presumed
to be an absive registrant) into mandatory ADR? Isn't there a compelling
likelihood that some TM owners would use a mandatory ADR process abusively?
(Remember, we are already stretching the law  (U.S.) of Trademark by
allowing TM owners to claim abusive registration on its face as TM
infringement (dilution).
>
> The WIPO DRP is a good start. The process should be uniform for all
existing gTLDs and at least for all new commercial gTLDs. Alternative
dispute resolution is not an option in all countries, and therefore a
mandatory DRP should be the first choice, however with a possibility to go
to court should this be a better solution in the specific case.
>
>
> // Petter Rindforth
>


Rod Dixon, J.D., LL.M.
Visiting Assistant Professor of Law
Rutgers University School of Law - Camden
rod@cyberspaces.org
http://www.cyberspaces.org