Poker.Com Domain Name Dispute Resolved
Date: Wednesday February 19 2003, @06:34AM
Topic: Uniform Dispute Resolution Policy (UDRP)

Anonymous writes "The ICANN Domain Name Dispute Complaint filed by UniNet Technologies Inc. and Poker.com Inc. has been dismissed by the arbitrator. The Complaint challenged registration ownership of the domain name www.poker.com by Communications Services Inc. and requested transfer of the domain name to UniNet Technologies Inc."

"In the Ruling, CPR Case 00301, which will be available on the the CPR Institute for Dispute Resolution's decisions page, the arbitrator found that the Complainant 'fails to allege any trademark in which it has rights' and that '(i)t is difficult to see how Complainant UniNet has or ever had any interest in the trademarks at issue.'"

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Resolved?
by dtobias (dan@tobias.name) on Wednesday February 19 2003, @10:52AM (#11192)
User #2967 Info | http://domains.dan.info/
I think this is less of a "resolution" of the dispute than it is an admission by the panel that the dispute is not of the sort that the UDRP was intended to resolve. The name in question is generic; neither party to the dispute can really sustain any claim to have trademark rights over the word "poker" in the context of poker games. Thus, the case does not fall into the category that is covered by the UDRP; rather, it is a contract dispute over who was granted the right to use the name by the original registrant. As such, it belongs in the courts, not the UDRP.
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This article comes from ICANNWatch
http://www.icannwatch.org/

The URL for this story is:
http://www.icannwatch.org/article.pl?sid=03/02/19/1537244