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    A Very Interesting Lawsuit | Log in/Create an Account | Top | 19 comments | Search Discussion
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    Re: A Very Interesting Lawsuit
    by Anonymous on Friday January 04 2002, @11:19AM (#4488)
    Great !
    Johnatan, WTG !
    It is not easy to bring such a lawsuit, I'm sure many would love to do just that but it is a question of if one can afford it or not. ICANN has continuasly abused many registrants by taking their names illegally by using the UDRP.
    I wish you the best of luck !!
    [ Reply to This | Parent ]
    Re: A Very Interesting Lawsuit
    by Anonymous on Friday January 04 2002, @11:42AM (#4489)
    I think this case would interest the EFF (Electronic Frontier Foundation) greatly [www.eff.org]. I commend this effort to fight the increasing push for the "internet-for-big-buisness" model. After all, the internet was primarily founded on the idea of free exchange of information. I hold nothing but contempt and outrage for ICANN, whose wishes are dictated by a minority not the majority. I hope the court will find this to be the case and immediately dissolve ICANN and WIPO, remanding the Name Services administration back into the hands of the NSF or some govermental agency, which is not interested purely in $$$, but in the propagation of the internet as a whole.
    [ Reply to This | Parent ]
    Re: A Very Interesting Lawsuit
    by Anonymous on Friday January 04 2002, @02:28PM (#4490)
    Micheal micheal,
    The last claim has no merit. When one registers a domain name, within the registration agreement one must agree to the UDRP. Without the UDRP dispute resolution would be very very expensive. The primary beneficiary(and probably only) of the elimination of the UDRP would be lawyers .... I guess that that includes you .......
    [ Reply to This | Parent ]
    Re: A Very Interesting Lawsuit
    by Anonymous on Monday January 07 2002, @04:01AM (#4503)
    In Japan, on November 29, the Tokyo district court dealt with and ruled the case where the registrant (Respondent) filed against the Complainant by reason of complaining the panal decision based on JDRP.

    The court ruled that JDRP is legally valid and admitted the panel decision.

    [ Reply to This | Parent ]
    Re: A Very Interesting Lawsuit
    by fnord (groy2kNO@SPAMyahoo.com) on Monday January 07 2002, @10:30PM (#4517)
    User #2810 Info
    This case certainly raises interesting challenges, but it is too bad it is over such a name. Banco and Chile may be generic and not easily trademarked (forgetting GAC for a minute) terms on their own, put together that is less true. For that matter, so are Bank and America, if some Chilean had registered bankamerica they'd probably lose it too, and it is unlikely a Chilean court would give it back, never mind that Chile is in the Americas. Bankamerica.com, not surprisingly, takes one to bankofamerica.com.

    I just can't get too worked up over this one, if Mr. Bord understands business and Spanish and domain names at all, he should have known he might be in for some trouble, and if he can afford a lawyer now perhaps he should have run this business plan past a knowledgeable lawyer in the first place. The fact that he now finds himself in this situation doesn't inspire much confidence that his running of some unspecified future business at this address would have been successful, even back in the last century when making money online seemed doable. For example, if one was intending to set up a site to allow Chileans to bank online, or even a site about Chilean banks, or banking in Chile, it seems unlikely it would be of much use if its proprietor (particularily given his apparent areas of expertise) did not know, did not attempt to find out, and could not even infer, that there might be problems with the name.

    My pessimism has nothing to do with the merits of his claims, I'd like to see these issues adjudicated, some of them are long overdue for a proper hearing, and in a perfect world my above concerns wouldn't color the judgement. But, like some of the *sucks cases, it seems the UDRP decisions most in need of judicial review don't make it to court, whereas those that do are on somewhat shaky ground. I remain convinced that an impartial US court, given the right case and the right pleadings, would kick the stuffing out of the UDRP, and perhaps slap ICANN around as well. But IANAL and this isn't a perfect world. -g

    [ Reply to This | Parent ]
    Re: off topic, but
    by Anonymous on Tuesday January 08 2002, @08:33AM (#4521)
    This is off the topic, but does anyone know why it is taking CPR Institute for Dispute Resolution so long to release its only two remaining pending decisions? These have been up for months. It looks like they haven't had a new case since September. How are they still operating? It seems to me that there are really only two dispute resolution providers, NAF & WIPO.

    Any comments?
    [ Reply to This | Parent ]


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