Inside ICANNWatch  
Submit Story
Lost Password
Site Messages
Top 10 Lists
Latest Comments
Search by topic

Our Mission
ICANN for Beginners
About Us
How To Use This Site
Slash Tech Info
Link to Us
Write to Us

  Useful ICANN sites  
  • ICANN itself
  • Bret Fausett's ICANN Blog
  • Internet Governance Project
  • UN Working Group on Internet Governance
  • Karl Auerbach web site
  • Müller-Maguhn home
  • UDRPinfo.com;
  • UDRPlaw.net;
  • CircleID;
  • LatinoamerICANN Project
  • ICB Tollfree News

  •   At Large Membership and Civil Society Participation in ICANN  
  • icannatlarge.com;
  • Noncommercial Users Constituency of ICANN
  • NAIS Project
  • ICANN At Large Study Committee Final Report
  • ICANN (non)Members page
  • ICANN Membership Election site

  • ICANN-Related Reading
    Browse ICANNWatch by Subject

    Ted Byfied
    - ICANN: Defending Our Precious Bodily Fluids
    - Ushering in Banality
    - ICANN! No U CANN't!
    - roving_reporter
    - DNS: A Short History and a Short Future

    David Farber
    - Overcoming ICANN (PFIR statement)

    A. Michael Froomkin
    - When We Say US™, We Mean It!
    - ICANN 2.0: Meet The New Boss
    - Habermas@ discourse.net: Toward a Critical Theory of Cyberspace
    - ICANN and Anti-Trust (with Mark Lemley)
    - Wrong Turn in Cyberspace: Using ICANN to Route Around the APA & the Constitution (html)
    - Form and Substance in Cyberspace
    - ICANN's "Uniform Dispute Resolution Policy"-- Causes and (Partial) Cures

    Milton Mueller
    - Ruling the Root
    - Success by Default: A New Profile of Domain Name Trademark Disputes under ICANN's UDRP
    - Dancing the Quango: ICANN as International Regulatory Regime
    - Goverments and Country Names: ICANN's Transformation into an Intergovernmental Regime
    - Competing DNS Roots: Creative Destruction or Just Plain Destruction?
    - Rough Justice: A Statistical Assessment of the UDRP
    - ICANN and Internet Governance

    David Post
    - Governing Cyberspace, or Where is James Madison When We Need Him?
    - The 'Unsettled Paradox': The Internet, the State, and the Consent of the Governed

    Jonathan Weinberg
    - Sitefinder and Internet Governance
    - ICANN, Internet Stability, and New Top Level Domains
    - Geeks and Greeks
    - ICANN and the Problem of Legitimacy

    Highlights of the ICANNWatch Archive
    (June 1999 - March 2001)

    Uniform Dispute Resolution Policy (UDRP) eResolution Panelist Deemed Incompetent By Federal Judge
    posted by michael on Tuesday February 05 2002, @05:13PM

    jberryhill writes "In a decision closing the book on the cello.com saga, Judge D. Chin of the Southern District of New York has written a farewell epitaph to eResolution, which has left the domain dispute racket."

    The cello.com story began some years ago when the domain name "cello.com" was registered by an individual who claimed to have registered it because it is the name of a musical instrument. Cello Holdings brought suit, claiming that the domain name was registered in violation of its trademark for high-end audio equipment. Cross-motions for summary judgment were denied, as the judge determined there was a genuine issue of material fact concerning the domain registrant's motivation for registering the domain. On the one hand, if the domain name was registered for its generic value, then there would be no violation. On the other hand, if the domain name was registered with an intent to capitalize on the audio equipment trademark, then there would be a violation. Cello Holdings, LLC. V. Lawrence-Dahl Companies, 89 F. Supp. 2d 464 (S.D.N.Y. 2000)

    Prior to trial, Cello Holdings withdrew from the case, which was then dismissed with prejudice.

    Shortly thereafter, Cello Holdings, not quite understanding the meaning of the term "with prejudice", brought a UDRP complaint before eResolution. The domain name registrant objected to the proceeding on the basis that a federal court had dismissed the claim against the domain name "with prejudice", and that the UDRP was not intended to overturn a judicial order. Nevertheless, on the same record upon which a federal judge could not find a clear answer, the eResolution panelist ordered transfer of the domain name, and eResolution would not entertain objections to the procedure based on the prior judicial order. (decision here, for now at least)

    So, it was back to the same federal court for the domain name registrant, in order to give Judge Chin a chance to emphasize that when he issues an order, he means it:

    "A reasonably competent attorney would have known that the dismissal 'with prejudice' of the first (lawsuit) would have barred future claims based on the same causes of action."

    Judge Chin has ordered sanctions against the trademark holder's attorneys, and awarded fees to the domain name registrant. Storey v. Cello Holdings, L.L.C., 2002 WL 91618 (S.D.N.Y., Jan 23, 2002) (NO. 01 CIV. 208 (DC)).

      ICANNWatch Login  


    [ Don't have an account yet? Please create one. It's not required, but as a registered user you can customize the site, post comments with your name, and accumulate reputation points ("karma") that will make your comments more visible. ]

      Related Links  
  • (decision here, for now at least)
    This discussion has been archived. No new comments can be posted.
    eResolution Panelist Deemed Incompetent By Federal Judge | Log in/Create an Account | Top | 3 comments | Search Discussion
    Click this button to post a comment to this story
    The options below will change how the comments display
    Check box to change your default comment view
    The Fine Print: The following comments are owned by whoever posted them. We are not responsible for them in any way.
    Re: eResolution Panelist Deemed Incompetent By Fed
    by dtobias (dan@tobias.name) on Thursday February 07 2002, @11:55AM (#4831)
    User #2967 Info | http://domains.dan.info/
    How does this show that the UDRP works well? The UDRP panel found for the complainant here, and it took a federal judge to set things right. How would increased penalities for reverse domain hijacking have helped here, given that the UDRP panel didn't find reverse domain hijacking?
    [ Reply to This | Parent ]
  • 2 replies beneath your current threshold.

  • Search ICANNWatch.org:

    Privacy Policy: We will not knowingly give out your personal data -- other than identifying your postings in the way you direct by setting your configuration options -- without a court order. All logos and trademarks in this site are property of their respective owner. The comments are property of their posters, all the rest © 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008 by ICANNWatch.Org. This web site was made with Slashcode, a web portal system written in perl. Slashcode is Free Software released under the GNU/GPL license.
    You can syndicate our headlines in .rdf, .rss, or .xml. Domain registration services donated by DomainRegistry.com