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    Highlights of the ICANNWatch Archive
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    This discussion has been archived. No new comments can be posted.
    Corinithians Reversed: Federal Court WIPO UDRP Challenge Upheld | Log in/Create an Account | Top | 95 comments | Search Discussion
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    Re: Before everyone goes nuts...
    by Anonymous on Saturday December 08 2001, @04:17AM (#3986)
    Alright, before all the upset respondents start looking for help to make their cybersquatting respectable, the result in the 1st Circuit decision should not be unexpected given 1) the extremely short decision issued in the District Court, 2)the recent Yahoo! case overturning a French decision, and 3) the Federal court supremacy over ICANN UDRP decisions.

    It is alright for Sallen to be happy about this right now- you won the battle. But, Corinthians and other trademark owners will win the war. When the case goes back to the District Court, expect to see the a decision in favor of Corinthians. Why? Because this case is not about Free Speech, it is pure and simple an ACPA case, Corinthians should have used the ACPA before, and now that the 1st Cir. has said it applies, they should be able to use it, and the many, many strong cases that are available to its advantage. Based on Victoria's Secret & the recent Nintendo case in Washington, Corinthians could even get Sallen to pay statutory damages.

    [ Reply to This | Parent ]
    Re: Before everyone goes nuts... by Anonymous
    TO THE CONTRARY . . .
    by freespeechcenter (registry@freespeechcenter.org) on Saturday December 08 2001, @10:43AM (#4003)
    User #3147 Info | http://www.freespeechcenter.org
    The Corinthians case is indeed about free speech and another cherished right shared by Americans pursuant to the First Amendment of the Constitution -- freedom of religion. The following is quoted directly from the December 5, 2001, opinion issued in the Corinthians decision by Circuit Judges Lynch, Stahl and Lipez of the U.S. Court of Appeals:

    "The [WIPO] panel concluded that publishing quotes from the Bible before CL (Corinthians Licenciamentos, LTDA) filed its complaint but after Sallen had notice there was a dispute brewing was insufficient to constitute a right or legitimate interest. A finding by a federal court that Sallen was within his rights when he used corinthians.com to post Biblical quotes would directly undercut the [WIPO] panel's conclusion"


    [ Reply to This | Parent ]
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