On the Internet, No-one Knows You're a … Cat! Absurdity and the UDRP David HELLAM GA ČR 13-02203...

On the Internet, No-one Knows You're a … Cat!Absurdity and the UDRP

David HELLAMGA ČR 13-02203 S

DH: On the Internet, no-one knows you're a ... CAT!

What is the UDRP?How does the UDRP work?Strategies used to subvert the processConsequences for parties involved


The First Rule of Domain Registration

First come, first served [1]Should not be a legitimate problem… unless two companies have the same generic trademarked name ...


Why the UDRP?

Cheaper From as little as $1500[2]

Faster 60 day turnaround [3]

Simpler Outcome Domain transferred to successful complainant/cancelled Doesn't rule out subequent legal action No need for additional legislation or international treaties


Rules for UDRP

Complainant has three things to prove: [4] Domain is identical or confusingly similar to complainant's

trademark Complainant has a legitimate interest in the domain name and

Respondent doesn't Respondent is using it in bad faith

Responent has one thing to prove [5] Prior use in good faith for unrelated goods/services Is known by that name in business or as individual/organisation Is a legitimate non-commercial/fair-use for the domain


Examples of Bad Faith [6]

Purchased to sell for profit to trademark holderTo deprive the trademark holder of the domainTo disrupt the trademark holder's businessTo gain commercially due to the mark-holder's reputation

passing off implied endorsement


The Process

Complainant files dispute [7]Complainant pays fee to arbiterRespondent/Registrar are informedPanelist(s) appointedRespondent may pay to extend panelResponse filedDecision made by panelRegistrar and parties informed of decision


Change Your Name

Mr Oxford University [8] Doc Seagle registered oxford-university.com Changed his name to Oxford University Claimed the website was his personal homepage UDRP panelist ruled against Seagle


It's for the Kids

Googlee Bear [9] In 2003 googleemail.com was registered by respondent Claimed it was set up as a mail service for kids Claimed that Googlee Bear was a Shrek character Panelist ordered domain to be transferred to Google Respondent tried to take Google to small claims court in Canada


Who is Googlee Bear? [10]


Claim You're a Cat

Morgan Stanley v. Meow [11]Meow aka Baroness Penelope Cat of Nash DCB registered

mymorganstanleyplatinum.com in 2006 Domain name was used to teach a class about companies which

do not register obvious domain names Unlike Queen Victoria, the panelist was amused Despite the hilarity, the domain was transferred to Morgan Stanley


What's the worst that can happen?

All decisions are publishedPrior decisions can be used to build precedent

Quoted to illustrate similar principlePrior decisions against parties involved:

Quoted to show a pattern of behaviour [12]


Bibliography

[1] http://www.wipo.int/amc/en/center/faq/domains.html[2] http://www.wipo.int/amc/en/domains/fees/index.html[3] http://www.wipo.int/amc/en/domains/guide/#b2[4] http://www.wipo.int/amc/en/center/faq/domains.html#10[5] http://www.wipo.int/amc/en/domains/guide/#d9[6] http://www.wipo.int/export/sites/www/amc/en/docs/complaint-lock-eudrp.doc[7] http://www.wipo.int/amc/en/domains/complainant/[8] http://www.wipo.int/amc/en/domains/decisions/html/2000/d2000-0308.html [9] http://www.adrforum.com/domaindecisions/232960.htm[10] https://en.wikiquote.org/wiki/Monsters,_Inc.[11] http://www.adrforum.com/domaindecisions/671304.htm[12] http://www.wipo.int/amc/en/domains/decisions/html/2003/d2003-0250.html

On the Internet, No-one Knows You're a … Cat! Absurdity and the UDRP David HELLAM GA ČR 13-02203...

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