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    Highlights of the ICANNWatch Archive
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    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, @02:54PM (#7789)
    Sorry Marshall. Your case may not have been great, but panelist have (and can) check out Google and other sites in UDRP cases. I don't think this case is "a cornerstone for UDRP reform." That title belongs to Barcelona.com, Crew.com, GreatBarrierReef.biz, etc.
    [ 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/
    Marshall-

    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 ]
    Re: Unix.org reverse-hijacked
    by Anonymous on Friday July 12 2002, @03:11AM (#7801)
    So sad to hear, but after I lost about 6 cases by now, which I don't fight them at all anymore, I can sadly say to you.. welcome to UDRP world :(
    It has nothing to do with right and wrong, just a matter of confusing the public in order to get companies more confused about what they can and can't do, so ICANN arbitrations liek wipo and arbforum will be able to process more files and count the cash.

    [ Reply to This | Parent ]


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