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    Did Jeff Davies find a legal loophole? | Log in/Create an Account | Top | 143 comments | Search Discussion
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    Re: Did Jeff Davies find a legal loophole?
    by Anonymous on Wednesday December 25 2002, @04:17AM (#10706)
    If Afilias contends Mr. Davies lacked standing to effect sunrise challenges at WIPO because he lacked a valid trademark registrations, then where did Afilias gain some special standing at WIPO to effect sunrise challenges without valid trademark challenges? Did Afilias enjoy some special standing at WIPO that others didn't and if so why? Might it turn out that all Afilias sunrise challenges granted by WIPO could be invalidated? Might WIPO get embroiled in a conflict of interest situation if there was fee splitting?
    [ Reply to This | Parent ]
    Re: Did Jeff Davies find a legal loophole? by Anonymous
    Re: Did Jeff Davies find a legal loophole?
    by Anonymous on Wednesday December 25 2002, @04:38AM (#10707)
    Exactly, where did Afilias gain some special standing at WIPO to effect successful sunrise challenges without valid trademark registrations? Is this special standing, if it exists, contained in any obtainable agreement? Please cite if anyone knows.
    [ Reply to This | Parent ]
    Re: Did Jeff Davies find a legal loophole?
    by dtobias (dan@tobias.name) on Wednesday December 25 2002, @06:33AM (#10709)
    User #2967 Info | http://domains.dan.info/
    Read the agreement more carefully. It doesn't say that a challenger must have a trademark, only that if a challenge is successful the challenger must abide by sunrise conditions (i.e. show trademark info) in order to register the domain themselves. In the case of the Challenges of Last Resort, Afilias didn't register the challenged domains themselves upon winning the challenges; they merely went into Landrush 2. Thus, the ICANN / Afilias agreement was followed in this case.
    [ Reply to This | Parent ]


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