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    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)).

     
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  • (decision here, for now at least)
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    eResolution Panelist Deemed Incompetent By Federal Judge | Log in/Create an Account | Top | 3 comments | Search Discussion
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    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?
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