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

    This discussion has been archived.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 ]
    Free Speech My Arse
    by mjrippon on Monday December 10 2001, @05:06AM (#4041)
    User #2960 Info

    If you read the judgment you'll find that it has nothing whatsoever to do with freedom of speech. This judgment is about jurisdiction, pure and simple. Sallen established that the US federal courts, along with competent courts in every applicable jurisdiction, can review UDRP decisions de novo. That's all. In fact in giving its judgment, the Court wrote:

    "Whether or not Sallen can win his claim under § 1114(2)(D)(v) is a separate question which does not bear on jurisdiction unless Sallen's claim is "wholly insubstantial and frivolous." Bell v. Hood, 327 U.S. 678, 682-83 (1946) "

    Sallen's claim was justified under the ACPA - I completely agree. Whether Sallen actually is a cybersquatter or not is a question to be decided by the lower court. That court may agree with the UDRP panel, or it may differ. IMHO the crucial point will be what the Court decides were Sallen's motives in uploading those biblical references. In the light of his cruziero.com registration, I suggest Sallen is on the backfoot in attempting to give credible evidence on the point. But that's my opinion FWIW.

    I challenge anyone to find a quote from the judgment in question that supports the absurd notion that USCA, in remitting this case back to the lower court for a decision, in any way support the notion that Sallen's position is strengthened by free speech arguments. I've read it all and kind find nothing that would suggest that.


    [ Reply to This | Parent ]

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