[gnso-rpm-wg] Questionable UDRPs & TM applications

Doug Isenberg disenberg at gigalawfirm.com
Sun Aug 21 17:09:26 UTC 2016


I am cognizant of Phil’s admonition to refrain from prematurely discussing topics --  but, like Paul and Greg, I do not think it is wise for anyone to leave unsupported allegations unaddressed.  So, briefly, I would only add that the numerous broad statements and allegations that have been posted in this thread, without citation to any authority (such as UDRP decisions or statistics) seems inappropriate.  For example, none of the following were accompanied by any authority:

 

*         “given the *actual* abuse we’re observing”

*         “folks exploit gaping loopholes in the policy”

*         “abuse of the procedure by trademark trolls”

*         “a lot of cases where legitimate SMEs get bullied with the ‘we'll get your domain’ threat based on abusive TM registrations, mostly postdating the domain name registration dates”

*         “panelists becoming public defenders or engaging in judicial activism to champion no-show respondents”

*         “the 3 biggest reasons for a respondent default”

 

And, the one actual domain name dispute that was mentioned (economyrentacar.com and economyrentalcars.com) does not, in fact, appear to be an actual domain name dispute at WIPO, despite the implication that it is or was a real WIPO case.

 

When the appropriate time comes to discuss these issues, I think we would all be well-served by referring to actual examples, not hypotheticals or general understandings that may or may not have any basis in fact.

 

Sincerely yours,

 


Douglas M. Isenberg

Attorney at Law

 <http://www.gigalaw.com/> 


“When your brand is on the line, The GigaLaw Firm protects your brand online.” Learn more:  <http://www.gigalaw.com/> www.GigaLaw.com

 

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