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

    This discussion has been archived. No new comments can be posted.
    Confusing Similarity in the UDRP | Log in/Create an Account | Top | 9 comments | Search Discussion
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    Re: Confusing Similarity in the UDRP
    by Anonymous on Monday September 30 2002, @09:51AM (#9457)
    While an interesting article, I think that judges/arbitratiors have done a fairly good job of handling the issue of confusing similarity. This isn't as big an issue as readers to this site would have us believe. And juries on UDRP disputes? No way- that will never fly. Many counsel to trademark owners would rather take their case to court to be heard by a judge than let their case fall to the mercy of an uniformed jury. Let the UDRP stay the way it is, it is working fine.
    [ Reply to This | Parent ]
    Re: Confusing Similarity in the UDRP
    by fnord (groy2kNO@SPAMyahoo.com) on Monday September 30 2002, @11:11AM (#9459)
    User #2810 Info
    A jury of one's peers would be preferable as many of the panelists clearly have a low opinion of end-users, considering them unable to discern Tata from Bodacious-Tatas for example. I have always considered this 'confusing similarity' provision absurd in the namespace. If someone is selling a knockoff watch with the name Tymex by all means the Timex watch rights holder should have a cause of action. But if I register tymex.com and I don't put it to use or I do and use it for a purpose unrelated to watches, and I don't ask Timex or a competitor for money to transfer the domain to them, then I shouldn't lose the name. To argue otherwise is to try to extend trademark rights beyond any real world parallel. -g
    [ Reply to This | Parent ]
    Re: the bottom line is
    by Anonymous on Monday September 30 2002, @11:20AM (#9461)
    the victims of UDRP are most likely small potatoes that are powerless when abused.
    [ Reply to This | Parent ]
    Re: Confusing Similarity in the UDRP
    by Anonymous on Tuesday October 01 2002, @02:28AM (#9464)
    The number of true UDRP "victims" is actually low. The vast majority of cases are properly decided against bad actor cybersquatters, typosquatters, porn redirecters and speculators. If the UDRP was only used against these registrants, IP owners should win 99-100% of the time. Instead, there are some complainants that abuse the system for the rest of us and try to overreach. See: Heel.com, Banco.com, Barcelona.com.
    [ Reply to This | Parent ]

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