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

    Uniform Dispute Resolution Policy (UDRP) American is generic, but Canadian is protected
    posted by jon on Wednesday June 19 2002, @11:04AM

    dtobias writes "The inconsistent .biz STOP decisions keep on coming... in the latest batch, one panel found american.biz to be suitably generic to allow for its registrant to keep it despite American Airlines' trademark on the name in a narrow specialty. However, another panel found canadian.biz to be registered in bad faith due to the existence of a trademark on "Canadian" by the Molson brewery."

    Some panelists seem to have enough common sense to realize that generic words are still generic even if somebody has a trademark on them in some specialized field, while others seem to think that a trademark is a magic wand that causes bad faith to spring into existence on the part of anybody else who uses the word regardless of context.

    The canadian.biz case was complicated by the fact that the alleged registrant name and address, as shown in WHOIS, was full of odd character sequences like "%20", apparently the result of a registrar foulup in the original submission (the character sequences appear to be Web-form hexadecimal encodings of spaces and punctuation). The panelists seemed to regard this as evidence of fishiness on the part of the registrant, even though he says he submitted a complete and correct name and address on registration. A lesson in this is that you should avoid doing business with technically clueless registrars who are likely to foul up your WHOIS entry, as this could be held against you.

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  • american.biz
  • canadian.biz
    This discussion has been archived. No new comments can be posted.
    American is generic, but Canadian is protected | Log in/Create an Account | Top | 30 comments | Search Discussion
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    Re: American is generic, but Canadian is protected
    by ANNODOMINI2000 (reversethis-{KU.OC.OOHAY} {ta} {D0002DA}) on Wednesday June 19 2002, @12:37PM (#7287)
    User #3359 Info | http://www.ad2000d.co.uk/
    What did you honestly expect?

    Domain name UDRP and other STOP decisions have been clearly unfair (to put it mildly) for a long time now

    Clearly, a lot of Panelists are either stupid, biased or corrupt (well, under the terms of Arbitration biased is also a form of corruption and invalidates any Panelists standing and therefore also all of their Decisions)

    The Arbitration Forums MUST put a STOP to unfair and biased decision-making by Panelists.

    The UDRP Rules are not being followed by many Panelists and what is ICANN doing about it? Diddly-squat. No surprises there.
    [ Reply to This | Parent ]
    Re: American is generic, but Canadian is protected
    by ANNODOMINI2000 (reversethis-{KU.OC.OOHAY} {ta} {D0002DA}) on Thursday June 20 2002, @02:43AM (#7310)
    User #3359 Info | http://www.ad2000d.co.uk/
    Yeah, yeah, Mr Anonymouse-Know-It-All,

    I yield to your greater wisdom and knowledge (*not*)

    If you were a true man, you wouldn't post slanderous messages anonymously!

    [ Reply to This | Parent ]
    Re: UDRP
    by ANNODOMINI2000 (reversethis-{KU.OC.OOHAY} {ta} {D0002DA}) on Thursday June 20 2002, @02:45AM (#7311)
    User #3359 Info | http://www.ad2000d.co.uk/
    I actually think the UDRP is quite good, but only WHEN IT IS FOLLOWED correctly

    I think, like most people, it needs improving, but I do not hate the UDRP Policy as it basically a good framework to resolve domain name disputes
    [ Reply to This | Parent ]
    • Re: UDRP by dtobias Thursday June 20 2002, @05:22AM
      • Re: UDRP by ANNODOMINI2000 Friday June 21 2002, @07:57AM
    • Re: UDRP by ANNODOMINI2000 Friday June 21 2002, @07:55AM
    • Re: UDRP by ANNODOMINI2000 Friday June 21 2002, @07:59AM
      • Re: UDRP by ANNODOMINI2000 Sunday June 23 2002, @06:56AM
      • 1 reply beneath your current threshold.
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