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    Talk about Bad Faith... | Log in/Create an Account | Top | 14 comments | Search Discussion
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    Re: Talk about Bad Faith...
    by fnord (groy2kNO@SPAMyahoo.com) on Thursday January 24 2002, @02:15PM (#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 ]
    Re: Talk about Bad Faith... by fnord
    Re: Talk about Bad Faith...
    by mjrippon on Friday January 25 2002, @02:51AM (#4729)
    User #2960 Info
    Who's talking about a poster kid? This was a decision based on evidence and an applicable law (of sorts). What we're saying here is that the majority of the panel came to a decision that was unsustainable under the UDRP of US/UK trademark law.

    The Respondent's claim to be in the business of offering services to the Complainant's customers was not in dispute. That being the case, does the Respondent have legitimate rights in the domain name? The answer to that has to be yes.
    [ Reply to This | Parent ]


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