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

    This discussion has been archived. No new comments can be posted.
    Barcelona.com Decision Reversed on Appeal | Log in/Create an Account | Top | 10 comments | Search Discussion
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    Corrupt UN WIPO
    by WIPOorgUK on Tuesday June 03 2003, @12:44AM (#11774)
    User #3146 Info | http://wipo.org.uk/
    Quote from court decision: "Therefore, under United States trademark law, "Barcelona" should have been treated as a purely descriptive geo-graphical term entitled to no trademark protection."

    The corrupt UN WIPO are trying to increase UDRP abuse of law (Trademark, Antitrust and First Amendment) to include countries and places.

    Virtually every word is trademarked (most many times over) - Sunrise and UDRP abridge the use of words by ordinary people.

    ICANN know the solution - but they care nothing for the First Amendment. As do some who are too afraid to admit it. Such behaviour is an affront to society.

    The DNS is NOT a system just for trademarks. People also have every right to use words for whatever legal reason they wish.

    Garry at WIPO.org.uk [wipo.org.uk]
    [ Reply to This | Parent ]
    Re:Corrupt UN WIPO
    by KonstantinosKomaitis on Tuesday June 03 2003, @01:26AM (#11775)
    User #3552 Info | http://www.icannwatch.org/
    Perhaps the Barcelona.com case is the beginning of the end for WIPO and the other arbitration centres that seem to follow WIPO's path. The decision has finally backfired to WIPO for the way it was approached. The fact that the appelate court decided to send it back to the lower court seems that the Court of Appeal did not even consider the case as an appeal; instead it affirms its importance by adding the geographical indications should not be brought as trademark infringement because geographical names can simply not be trademarked.
    Hopefully WIPO and the rest will realise that their decisions do not only misapply the UDRP rules, but what is worse they violate basic and fundamental principles of trademark law and not only.
    Let the games begin.
    [ Reply to This | Parent ]

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