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    UDRP Basically OK, Study Suggests | Log in/Create an Account | Top | 28 comments | Search Discussion
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    An example of conclusory reasoning
    by michael (froomkin@lawUNSPAM.tm) on Monday February 18 2002, @10:08AM (#4948)
    User #4 Info | http://www.discourse.net/
    Out2.com, Inc. v Rustom Corporation, NAF FA0010000095896

    Here is the entire discussion of the merits of the respondent's case: "Moreover, even if Respondent’s late-filed Response were considered, the Panel finds that Respondent failed to show in that Response that Complainant would not be entitled to the requested relief."

    And the discussion of the reasons for denying a late filing are pretty conclusory too -- it's hard to figure out what the respondent's argument really was. Here's the discussion of that issue in full:

    Although Respondent contacted the Forum, after the deadline for filing a response, and asserted lack of notice, Complainant replied with documents showing such notice. Although Complainant attempted to file an Amended Complaint, the Panel finds that the parties are limited to the record that was timely before the Panel. The record permits inferences that appropriate effort was made to give notice to Respondent at the addresses provided by Respondent. Respondent is required to provide correct addresses to the Registrar and if Respondent failed to do so, that does not place a higher burden on those dealing with Respondent to find it where it really is rather than where Respondent notified those dealing with it that it was located
    I defy anyone reading that to make an informed judgment as to whether the arbitrator was right or not as regards the above. There is more in the decision regarding what Complainant alleged on the merits, but even then it mostly refers to "evidence on the record" without telling you what it might be.
    [ Reply to This | Parent ]
    An example of conclusory reasoning by michael
    Re: An example of conclusory reasoning
    by Anonymous on Monday February 18 2002, @02:37PM (#4953)
    In the decision that you picked out: you have a Lebanese respondent who failed to submit a proper response panelist; and American complainant; panelist Carolyn Marks Johnson, who has probably never issued a decision longer than 5 pages and almost always sides for the complainant.

    The complainant "Out2.com" has an extremely weak trademark. If this complainant can win, anyone with a strong mark should feel confident in the NAF that they can win their case.
    [ Reply to This | Parent ]


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