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    SEX.BIZ Registrant Gets Screwed by STOP | Log in/Create an Account | Top | 30 comments | Search Discussion
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    Re: SEX.BIZ Registrant Gets Screwed by STOP
    by Anonymous on Thursday November 07 2002, @09:40AM (#10021)
    WIPO panelists are clearly biased against registrants. Decision upon decision such as Canadian.biz and Barcelona.com [the list goes on] are examples of this. WIPO was created to protect the intellectual property rights of companies, not to uphold the freedom of ordinary citizens.
    [ Reply to This | Parent ]
    Re: SEX.BIZ Registrant Gets Screwed by STOP
    by Anonymous on Thursday November 07 2002, @09:41AM (#10022)
    WIPO panelists are clearly biased against registrants. Decision upon decision such as Canadian.biz and Barcelona.com [the list goes on] are examples of this. WIPO was created to protect the intellectual property rights of companies, not to uphold the freedom of ordinary citizens.

    -- Anion
    [ Reply to This | Parent ]
    Re: SEX.BIZ Registrant Gets Screwed by STOP
    by Anonymous on Thursday November 07 2002, @09:48AM (#10023)
    The registrant succeeded in defending this same registration in Philatelic.com, Inc. v. Peter I. Jeong, NAF Case FA112547 (July 24, 2002), available at http://www.arbforum.com/domains/decisions/112547.htm

    According to Tyrus Atkinson "Findings under this section [rights and legitimate interests] are unnecessary because of Complainant’s failure to show rights in the word, SEX. Respondent relies upon the proposition that the domain name is a generic word in which no party has rights or interests superior to any other person or organization..."

    The complainants in these two cases were from Houston, Texas. It seems that although it failed in the first Sex.biz case, somehow the complainant found a way to get a second chance to bring a STOP case, and this time it won. Although Perluss declined to make a determination of "issue preclusion", perhaps he should have taken a look at the Philips.ws decision in http://arbiter.wipo.int/domains/decisions/html/2002/dws2002-0001.html where David Bernstein said: "a Complainant may not file a second Complaint against the same Respondent regarding the same domain name unless Complainant establishes that such a re-filed proceeding is appropriate under the Grove Broadcasting standards." (Grove Broadcasting can be found here: http://arbiter.wipo.int/domains/decisions/html/2000/d2000-0703.html).

    To make a long story short, it seems that the complainant got away with one and maybe Jeong should consider finding some legal counsel fast to help him keep his name. He should think about filing an action in the Eastern District of Virginia to block the transfer of the domain name.
    [ Reply to This | Parent ]
    Re: this is too much
    by Anonymous on Friday November 08 2002, @02:30AM (#10029)
    This is ridiculous. trademark should not be granted to sex or sex.biz. The panelists should not consider such a trademark. Totally out of control in the domain industry.
    [ Reply to This | Parent ]
    Re: how to contact the original registrant?
    by Anonymous on Friday November 08 2002, @02:31AM (#10030)
    I am wiling to sponsor a court action against the damn WIPO's ruling.
    [ Reply to This | Parent ]
    Re: SEX.BIZ Registrant Gets Screwed by STOP
    by Anonymous on Friday November 08 2002, @02:55AM (#10034)
    I don't think this was a bad decision. It was a straightforward application of a very bad policy. Indeed in an article published earlier this year, I pointed out why the similar policy in the ".us" TLD was bad and why this was a stupid gift of a very valuable resource to this very refrigerator magnet trademark owner. See:
    http://papers.ssrn.com/sol3/papers.cfm?abstract_id=283908

    Peter Maggs p - m a g g s @ u i u c . e d u
    [ Reply to This | Parent ]
    Re: SEX.BIZ Registrant Gets Screwed by STOP
    by Anonymous on Friday November 08 2002, @07:51AM (#10041)
    The new owner of sex.biz now must worry about all the other worldwide trademarks of the word "sex" that were registered prior to his. With this crazy ruling, these trademark holders have more legal rights to the name than him. Common sense sometimes must overrule the legalities. Maybe the panelist was offered an under-the-table free lifetime membership to sex.biz once it opens.

    Anyone who has applied for a U.S. trademark knows the system is badly flawed. If a person can trademark a generic name such as "sex" for refrigerator magnets, why stop there? How about "car" refrigerator magnets or "book" refrigerator magnets? Sorry Amazon but you can no longer use the word "book" on your web site because I just trademarked the name for my new line of shoelaces.
    [ Reply to This | Parent ]
    You only had to take one hurdle
    by simon on Friday November 08 2002, @08:13AM (#10042)
    User #2982 Info | http://www.nic.pro/
    ###Accordingly, the Panel finds and concludes that Respondent does not fall within STOP Policy 4(c)(ii). There were no demonstrable bona fide preparations to use the subject domain name for a bona fide offering of goods or services, “. . . Before any notice to Respondent of the dispute. . . .”###

    This is the "key sentence" in this decision.
    The Respondent only had to take "demonstrable bona fide preparations to use the subject domain name".
    THIS IS NOT THAT DIFFICULT....EVEN IF THE DOMAIN NAME IS LOCKED (LIKE IN STOP CASES). YOU ONLY HAVE TO BE A BIT CREATIVE.

    Yes you had to be fast with your demonstrable preparations to use (STOP Complaints were filed only two weeks after registration, if I remeber correctly).

    Yes, this policy is bad.
    Yes, innocent and/or uninformed domain holders were screwed by this policy.
    Informed domain name registrants were prepared before STOP Complaints have been allowed (approximately two weeks after registration).

    Simonnic.PRO will be back online soon with FREE sub-domains. Dowload the FREE plug-in at
    www.name-space.com/software
    [ Reply to This | Parent ]


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