ICANNWatch
 
  Inside ICANNWatch  
Submit Story
Home
Lost Password
Preferences
Site Messages
Top 10 Lists
Latest Comments
Search by topic

Our Mission
ICANN for Beginners
About Us
How To Use This Site
ICANNWatch FAQ
Slash Tech Info
Link to Us
Write to Us

  Useful ICANN sites  
  • ICANN itself
  • Bret Fausett's ICANN Blog
  • Internet Governance Project
  • UN Working Group on Internet Governance
  • Karl Auerbach web site
  • Müller-Maguhn home
  • UDRPinfo.com;
  • UDRPlaw.net;
  • CircleID;
  • LatinoamerICANN Project
  • ICB Tollfree News

  •   At Large Membership and Civil Society Participation in ICANN  
  • icannatlarge.com;
  • Noncommercial Users Constituency of ICANN
  • NAIS Project
  • ICANN At Large Study Committee Final Report
  • ICANN (non)Members page
  • ICANN Membership Election site

  • ICANN-Related Reading
    Browse ICANNWatch by Subject

    Ted Byfied
    - ICANN: Defending Our Precious Bodily Fluids
    - Ushering in Banality
    - ICANN! No U CANN't!
    - roving_reporter
    - DNS: A Short History and a Short Future

    David Farber
    - Overcoming ICANN (PFIR statement)

    A. Michael Froomkin
    - When We Say US™, We Mean It!
    - ICANN 2.0: Meet The New Boss
    - Habermas@ discourse.net: Toward a Critical Theory of Cyberspace
    - ICANN and Anti-Trust (with Mark Lemley)
    - Wrong Turn in Cyberspace: Using ICANN to Route Around the APA & the Constitution (html)
    - Form and Substance in Cyberspace
    - ICANN's "Uniform Dispute Resolution Policy"-- Causes and (Partial) Cures

    Milton Mueller
    - Ruling the Root
    - Success by Default: A New Profile of Domain Name Trademark Disputes under ICANN's UDRP
    - Dancing the Quango: ICANN as International Regulatory Regime
    - Goverments and Country Names: ICANN's Transformation into an Intergovernmental Regime
    - Competing DNS Roots: Creative Destruction or Just Plain Destruction?
    - Rough Justice: A Statistical Assessment of the UDRP
    - ICANN and Internet Governance

    David Post
    - Governing Cyberspace, or Where is James Madison When We Need Him?
    - The 'Unsettled Paradox': The Internet, the State, and the Consent of the Governed

    Jonathan Weinberg
    - Sitefinder and Internet Governance
    - ICANN, Internet Stability, and New Top Level Domains
    - Geeks and Greeks
    - ICANN and the Problem of Legitimacy

    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    This discussion has been archived.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
    Click this button to post a comment to this story
    The options below will change how the comments display
    Threshold:
    Check box to change your default comment view
    The Fine Print: The following comments are owned by whoever posted them. We are not responsible for them in any way.
    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 ]
    Re:Corrupt UN WIPO by KonstantinosKomaitis
    Re:Corrupt UN WIPO
    by michael (froomkin@lawUNSPAM.tm) on Tuesday June 03 2003, @04:25AM (#11776)
    User #4 Info | http://www.discourse.net/
    Actually, sending it back to the lower court is standard in an appeal as the court of appeal decides questions of law, and usually doesn't actually order people to do things -- it just tells the trial court what rules to use. [If you were suggesting that the Court of Appeal might have sent this to WIPO, that's procedurally impossible: court cases following UDRP actions are technically a new cause of action, not an "appeal" as such, and there is no procedure for a court remanding to a private body.]
    [ Reply to This | Parent ]
    Re:Corrupt UN WIPO
    by ESQwire on Tuesday June 03 2003, @08:25PM (#11782)
    User #3793 Info
    While I certainly disagreed with the ridiculous Barcelona.com decision, I do not believe WIPO is corrupt or that most of the decisions that result there are unfair. It must be remembered that Barcelona.com was a single-member panel decision. Almost every other city domain name case was ruled in favor of the domain owner. In fact in the recent 3-member panel decision in Madrid.com, Barcelona.com was not followed -- and Marino Porzio (the panelist in Barcelona.com) went along with the panel in ruling favor of the registrant against the City Council of Madrid. Keep in mind that other recent geographic domain name cases such as Puertorico.com and Newzealand.com were also ruled in favor of the domain name owner -- and Newzealand.com was ruled reverse domain name hijacking against the government. Take away the clear cases of cybersquatting on famous marks and you will see that the decisions often go in favor of the domain owner. The UDRP is essentially fair and it provides both the trademark owner and domain registrant with an inexpensive means of resolving disputes -- and the domain owner does not risk the money damages that would be at stake in a court action.

    Barcelona.com was clearly an exception. The UDRP rules provided for a right of appeal to court. That is what occurred here and, despite a ridiculous result in the District Court, justice appears to have ultimately prevailed. The system has worked.

    Ari Goldberger
    [ Reply to This | Parent ]


    Search ICANNWatch.org:


    Privacy Policy: We will not knowingly give out your personal data -- other than identifying your postings in the way you direct by setting your configuration options -- without a court order. All logos and trademarks in this site are property of their respective owner. The comments are property of their posters, all the rest © 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008 by ICANNWatch.Org. This web site was made with Slashcode, a web portal system written in perl. Slashcode is Free Software released under the GNU/GPL license.
    You can syndicate our headlines in .rdf, .rss, or .xml. Domain registration services donated by DomainRegistry.com