RE: [wg-review] Trademarks and UDRP

["Joanna Lane" <jo-uk@rcn.com>]

Marilyn,
I have a problem with one statement that you wrote, which was "  I also
don't see any empirical study which
supports the allegation that the UDRP is flawed.  I understand that there is
legitimate concern and questions about specific outcomes of individual
cases."

Whether or not an empirical study exists is unrelated to whether or not
flaws exist. In evidence, we have specific outcomes of individual cases, so
it would not be correct to say that just because there was no study, flaws
do not exist and equally, just because a few cases show inconsistent
results, the system is not flawed. On the contrary, the evidence points to
the system being flawed. However, I would agree with you that there is no
evidence that the flaws cannot be remedied.

Regards,
Joanna



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