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

    Uniform Dispute Resolution Policy (UDRP) SEX.BIZ Registrant Gets Screwed by STOP
    posted by tbyfield on Thursday November 07 2002, @09:40AM

    dtobias writes "In the latest entry in the contest for "Worst Domain Dispute Decision Ever," a NAF panelist has awarded sex.biz to a challenger due to U.S. trademarks issued within the last year in the subject matter of refrigerator magnets."

    The panelist in this case was retired judge Irving H. Perluss, which surprised me because I felt his past decisions, such as that in pueblo.org, were pretty clueful. Now he's decided that a recently-granted trademark to a highly generic word, in a very specific category, was sufficient to allow a global monopoly on use of that word in domain names for any purpose. No evidence whatsoever was presented to indicate that the respondent registered the name in order to target the complainant in any way, other than the usual hand-waving about how the existence of an IP claim made the registration inherently bad-faith.

    I certainly hope the registrant intends on pursuing this matter further in court.

    When somebody yells "STOP!" and then gets sex, isn't that known as rape?

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  • pueblo.org
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    This discussion has been archived. No new comments can be posted.
    SEX.BIZ Registrant Gets Screwed by STOP | Log in/Create an Account | Top | 30 comments | Search Discussion
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    You only had to take one hurdle
    by simon on Friday November 08 2002, @09:13AM (#10042)
    User #2982 Info | http://www.nic.pro/
    ###Accordingly, the Panel finds and concludes that Respondent does not fall within STOP Policy 4(c)(ii). There were no demonstrable bona fide preparations to use the subject domain name for a bona fide offering of goods or services, “. . . Before any notice to Respondent of the dispute. . . .”###

    This is the "key sentence" in this decision.
    The Respondent only had to take "demonstrable bona fide preparations to use the subject domain name".

    Yes you had to be fast with your demonstrable preparations to use (STOP Complaints were filed only two weeks after registration, if I remeber correctly).

    Yes, this policy is bad.
    Yes, innocent and/or uninformed domain holders were screwed by this policy.
    Informed domain name registrants were prepared before STOP Complaints have been allowed (approximately two weeks after registration).

    Simonnic.PRO will be back online soon with FREE sub-domains. Dowload the FREE plug-in at
    [ Reply to This | Parent ]
    Re: SEX.BIZ Registrant Gets Screwed by STOP
    by dtobias (dan@tobias.name) on Friday November 08 2002, @09:51AM (#10046)
    User #2967 Info | http://domains.dan.info/
    You're inaccurate in one point. There was no "STOP period" reserved for trademark owners. You're confusing the .biz startup procedure with that of .info, which did have a "sunrise period" limited to trademark owners. In that one, sex.info went to somebody with a trademark on a graphical logo including the word "sex".
    [ Reply to This | Parent ]
    Re: SEX.BIZ Registrant Gets Screwed by STOP
    by dtobias (dan@tobias.name) on Saturday November 09 2002, @04:33AM (#10054)
    User #2967 Info | http://domains.dan.info/
    Where was the bad faith in registering sex.biz? Isn't that one of the things that the complainant is supposed to have to prove?
    [ Reply to This | Parent ]
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