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

    This discussion has been archived. No new comments can be posted.
    Unix.org reverse-hijacked | Log in/Create an Account | Top | 19 comments | Search Discussion
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    Re: Unix.org reverse-hijacked
    by Anonymous on Thursday July 11 2002, @01:47PM (#7788)

    I am the one who lost unix.org. I am looking for help! Its obvious that I couldn't afford a lawyer, or I would have retained one. Also, based on previous cases, it seemed that it was open and shut in my favor. The burden of proof on the complainant was so heavy to prove that by passively holding the name I was causing them harm, I thought it was a no-brainer.

    And here is the most amazing thing you will hear about the whole case. The website that the panelist claims is mine, that contains links to astalavista.box.sk and casinos is not even my site! It seems that the panelist simply typed by company name into google.com, and clicked a link containing ByteRage, and assumed it was my site! On top of that, the UDRP rules do not contain any allowances for a panlist to gather their own evidence, which the panelist clearly was doing.

    Anyways, this issue is gathering steam quickly. I appeal to the community for support. This is no longer about me, but about stopping these injustices from continuing. If ever there was a cornerstone case for UDRP reform, this is it!

    -Marshall Sorenson
    [ Reply to This | Parent ]
    Re: Unix.org reverse-hijacked
    by Ron_Bennett on Thursday July 11 2002, @08:24PM (#7798)
    User #3011 Info | http://www.wyomissing.com/bennett/

    From what I read in the decision, you paid around $5000 for the domain...yet you couldn't afford representation...attorneys that specialize in UDRP related disputes aren't that expensive. Heck, just one hour (a few hundred bucks) would have HELP greatly; or even reading the newsgroups, etc would have helped and cost you nothing.

    As soon as you acknowledged that they had a trademark and you didn't, you were "dead" in the water so to speak. Game over.

    And worse, you went with a one person panal (the default); yes I realize money was tight, but a three person panal is typically better for most UDRP cases and alone could've made all the difference...

    With that said, you're not totally out of options, you could go the Federal court route, but if you can't afford or somehow get an attorney this is likely not an option; especially in a federal case you'd likely need more than just one attorney in a case that involves the number of trademarks thoughout the world they claim to have registered and all the other issues...yikes!!

    Anyways, I doubt you're going to get much traction on this dispute from the community at-large. While the UDRP panal stretched things somewhat, their decision wasn't totally out of the park...in summery...

    1. The complainant has a trademark and you don't...

    2. You had no real website nor other bonafide resource on the domain...did you?

    3. You registered the domain knowing they did have a claim to the name "Unix" (or at least knowing they were associated with the name Unix).
    [ Reply to This | Parent ]
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