on the internet, no-one knows you're a … cat! absurdity and the udrp david hellam ga Čr...
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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
DH: On the Internet, no-one knows you're a ... CAT!
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 ...
DH: On the Internet, no-one knows you're a ... CAT!
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
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
DH: On the Internet, no-one knows you're a ... CAT!
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
DH: On the Internet, no-one knows you're a ... CAT!
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
DH: On the Internet, no-one knows you're a ... CAT!
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
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
DH: On the Internet, no-one knows you're a ... CAT!
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
DH: On the Internet, no-one knows you're a ... CAT!
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
DH: On the Internet, no-one knows you're a ... CAT!
Who is Googlee Bear? [10]
DH: On the Internet, no-one knows you're a ... CAT!
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
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
DH: On the Internet, no-one knows you're a ... CAT!
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]
DH: On the Internet, no-one knows you're a ... CAT!
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