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


     
    This discussion has been archived. No new comments can be posted.
    'Help! I'm a Respondent in a UDRP Case' | Log in/Create an Account | Top | 7 comments | Search Discussion
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    Re: 'Help! I'm a Respondent in a UDRP Case'
    by Anonymous on Thursday May 24 2001, @04:51AM (#638)
    Your FAQ does have some answers. A domain holder without money to reply is in a bad position. Without more information it is not possible to help.
    [ Reply to This | Parent ]
    See Carl Oppedahl's page
    by lextext on Thursday May 24 2001, @05:04AM (#639)
    User #6 Info | http://www.lextext.com
    One of the best resources for domain name registrants facing a UDRP is this page, titled "Considerations for Innocent Domain Name Owners" provided by the law firm of Oppedahl & Larson.
    -- Bret
    [ Reply to This | Parent ]
    Re: 'Help! I'm a Respondent in a UDRP Case'
    by Anonymous on Thursday May 24 2001, @10:55PM (#654)
    I wrote a piece for Telepolis some time back (http://www.heise.de/tp/english/inhalt/te/8695/1.html), 'Beware the UDRP, Notes to the Domain Holder'. The URL may be helpful for those facing UDRP cases as respondents.

    In particular I commend people to examine the comments of the French arbitration provider, eResolution, which had at the time of writing been producing a much less favourable success rate for claimants than other providers. The reason for this seems to lie in their strict interpretation of ICANN guidelines, and in particular their stipulation that claimants must prove each and every requirement stated in section 4a of the ICANN's UDRP Policy:

    1) The domain name in question is identical or 'confusingly similar' to a trademark or service mark in which the complainant has rights; and

    2) The 'respondent' is held to have 'no rights or legitimate interests' in the domain name; and

    3) The domain name was registered 'in bad faith'.

    As we know, other arbitrators are taking a kind of quorum view on this, or holding that evidence of bad faith is the decider. It may be worth defendants demanding that their arbitrator follow the letter of ICANN's 'law' when deciding on their domains.

    Best,

    Jamie King

    jamie@jamie.com

    [ Reply to This | Parent ]
    Re: 'Help! I'm a Respondent in a UDRP Case'
    by Anonymous on Tuesday June 19 2001, @02:01AM (#897)
    I've put together quite a lot of information about the UDRP, advice, and many useful links on my website http://www.capicua.co.uk.
    The exact URL for the domain names section is http://www.capicua.co.uk/newm/domains.htm

    I had intended to put this on notwipo.org (which I own) but haven't got around to this yet...

    What I currently lack is domain mailing lists - since the sudden demise of the NSI Domain Policy list (of which I was a member), it's not clear what the main list is now...

    I was involved in the Barcelona.com case and have written about domain disputes for The Guardian, The Industry Standard, ICB Tollfree, Public Finance managazine, so the advice on the site is first hand.

    Louise Ferguson
    [ Reply to This | Parent ]
    Re: 'Help! I'm a Respondent in a UDRP Case'
    by Anonymous on Wednesday July 11 2001, @02:03PM (#1191)
    I have some advice for all domain registrants published at http://www.domainmanual.com/protecting_your_domain_names.htm

    I stressed that you need to do some home work both before and after you are challenged.

    Good luck to every innocent registrant.

    John R.

    [ Reply to This | Parent ]


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