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

    This discussion has been archived. No new comments can be posted.
    Talk about Bad Faith... | Log in/Create an Account | Top | 14 comments | Search Discussion
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    Re: Talk about Bad Faith...
    by Anonymous on Thursday January 24 2002, @07:10AM (#4719)
    Recent UDRP panels, and parties to UDRP disputes, have used the Wayback Machine to demonstrate bad faith. The panel in this case did not use it, but if the panel had, it would have confirmed the complainant's argument that GEAC.net had been used in bad faith by NEWTEC. See here: http://web.archive.org/web/*/http://geac.net, and http://web.archive.org/web/20010608054549/www.reportingtools.com/index.asp.

    The NEWTEC content was available as early as June 8, 2001. This looks like bad faith, and in prior UDRP decisions, panels have found such use by competitors to be bad faith.

    This decision has received a lot of attention today, but there are other, far more questionable cases that people should direct their attention to.
    [ Reply to This | Parent ]
    Re: Talk about Bad Faith...
    by fnord ({groy2k} {at} {yahoo.com}) on Thursday January 24 2002, @01:15PM (#4721)
    User #2810 Info
    Agreed. This isn't like cases in which an affiliate or retailer or reseller of a product or service uses the name belonging to the 'parent' company as part or all of its domain name, and even those rulings have gone both ways. Even the Respondent appears to describe itself as in a competitive position to the Complainant, see 5. B. Respondent, second last para.

    The Respondent was attempting to snag traffic otherwise meant for the Complainant, also check out the meta-tags it was using. The Respondent should count itself lucky, such meta-tag use has resulted in punitive damage awards in US courts, sometimes in the $millions. I agree with Anon, there are better poster kids out there. -g

    [ Reply to This | Parent ]

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