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


     
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    Study Documents Provider Biases in ICANN-UDRP Arbitrator Selection | Log in/Create an Account | Top | 12 comments | Search Discussion
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    Re: Study Documents Provider Biases in ICANN-UDRP
    by MF_Inc on Tuesday August 21 2001, @08:26AM (#1970)
    User #3001 Info
    The UDRP Needs MAJOR Reform.

    I am very pleased to see this newly-released report by Michael Geist. Several months ago, I got a very embittering crash-course in the UDRP process. The conclusion I arrived at is that the UDRP needs MAJOR REFORM. I am the registrant of the Tobacco.com domain name. I have been since 1995. Earlier this year, I received a "cease and desist" letter from a "company" calling itself "Tobacco.com, Inc.". This "entity" was nothing more than a bogus (as in fraudulent) culmination of several pieces of filled-out paperwork, in an attempt to superficially "legitimize" themselves. They attempted to reverse domain name hijack Tobacco.com, by way of their filing a UDRP against myself. To make a long story short... I immediately sought Counsel with John Berryhill, an expert-attorney in the area of trademark law and, one who has a great deal of experience with UDRP defense work. Seeking John Berryhill's aid was the best thing I could have possibly done in this case. On May 18th of this year, they withdrew their complaint against myself. (After seeing my response and realizing their fraud was easily uncovered.) My complaint, then? The UDRP makes it ALL TOO EASY for frivolous and fraudulent complaints to be brought forth. This means the UDRP can easily be used to effectively harass domain name registrants. I spent nearly $3500 defending myself against fraud which, if the UDRP was more intelligently crafted, would have never even been considered as a legitimate case. Personally, I think that generic terms (such as "tobacco") should be completely exempted from UDRP process. To add insult to injury, the NAF (the arbitration panel which was selected to hear the case) ended up keeping my $1250 three-person panel fee, EVEN THOUGH THE PANEL NEVER SAT! To me, that is criminal activity on the behalf of the NAF. ( The Register published a news item on this, specifically, at : http://www.theregister.co.uk/content/archive/19217 .html ) I decided to organize all information related to my case, and publish my findings online. I only hope that what I've assembled can serve to help others who face UDRP injustices. The casework can be seen at : http://Tobacco.com/attempted-hijacking

    Warmest Regards, Michael Fischer
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