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    UDRP Panelist Orders Microsoft, Sony Names Transferred.... to AOL? | Log in/Create an Account | Top | 5 comments | Search Discussion
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    Re: UDRP Panelist Orders Microsoft, Sony Names Tra
    by dtobias (dan@tobias.name) on Wednesday February 13 2002, @04:01AM (#4867)
    User #2967 Info | http://domains.dan.info/

    I actually predicted this sort of thing a while back... on my page on the UDRP, I said:

    Some cases have suggested a way that the ICANN dispute procedure could potentially get tied in knots, either accidentally or by the actions of a prankster. When I saw the case for aolkinko.com, I wasn't sure whether this case had been brought by AOL, or Kinko's, or both of them jointly, as both of their trademarks are contained in the name. It turns out that Kinko's is the one who brought the case, and they won and got the domain ordered transferred to them. But what if AOL now objects to Kinko's having a domain with AOL's trademark in it? They probably won't, since they're in a strategic alliance (which is what prompted the cybersquatter to register the name), but if they did, they'd have grounds to file an ICANN dispute against Kinko's, and maybe win and get it transferred to them. But then Kinko's would have a case against AOL for trademark violation, so it could go 'round and 'round in an infinite loop. Maybe one of the panelists would try to cut this Gordian knot by availing himself of the other option in dispute cases, to cancel the domain rather than transferring it -- this, however, would make the name open for anyone else to register, and there are some protestors who are making a point of registering any and all domains that get cancelled as a result of ICANN cases. (See nokiagirls.com.) Such protestors, of course, can get challenged by ICANN actions themselves, and the beat goes on and on and on! Somebody interested in doing some mischievous "culture jamming" could register a domain with two competitors' trademarks in it, like cocacolapepsi.com or mcdonaldsburgerking.com, and see what happens when that hot potato is tossed around. (I'm not trying it myself... I don't want to get sued!) Meanwhile, a recent case caused ebayrus.com to be transferred to Ebay... but I hear Toys 'R Us is vigorous in challenging anyone or anything with "R Us" at the end of his/her/its name (including parody sites), so if they jump into this, it could lead to one of these tangles.
    [ Reply to This | Parent ]


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