[gnso-rpm-wg] Two URS decisions of note

Paul Keating Paul at law.es
Wed Feb 7 17:20:41 UTC 2018


Interesting.

The lack of any references in the 5446 decision to the trademark or any use
of the domain precludes confirmation that the standard has in fact been met.
This I would say is a quintessential example of a problem.  The decision
itself must at least contain the facts that were found so as to support the
decision.

ALSO, this raises the issue of the 2nd bite at the apple.  We have no idea
if the facts changed during the 9 month period (e.g. Was there any
conflicting use of the domain).  The decision is  simply devoid of any
references.

This speaks both to a possible lack of application of the proper standard.
However, it also tends to show that the panelists are not well informed as
to what is required in any decision.  This would seem to be an NAF issue
resulting from a lack of administrative review of the decision for
complaince AND in ensuring that panelists are properly educated and
qualified.


Paul
From:  gnso-rpm-wg <gnso-rpm-wg-bounces at icann.org> on behalf of Jon Nevett
<jon at donuts.email>
Date:  Wednesday, February 7, 2018 at 6:02 PM
To:  "gnso-rpm-wg at icann.org" <gnso-rpm-wg at icann.org>
Subject:  [gnso-rpm-wg] Two URS decisions of note

> I wanted to point out two default cases between the same complainant and
> respondent relating to the same domain name that came our differently about 9
> months apart. 
> 
> I am not commenting on the substance or what it means (I assume that there
> will be differing interpretations), but just wanted to share them with the
> group.  
> 
> 
> 1635446boucheron.pubBoucheron Holding SAS v. zhouhaotian et
> al.URS08/31/2015Suspended
> Default <http://www.adrforum.com/domaindecisions/1635446D.htm> 09/15/2015
> 1676556boucheron.pubBoucheron Holding SAS v. zhouhaotian et
> al.URS05/25/2016Claim Denied
> Default <http://www.adrforum.com/domaindecisions/1676556D.htm> 06/12/2016
> 
> Best,
> 
> Jon
> _______________________________________________ gnso-rpm-wg mailing list
> gnso-rpm-wg at icann.org https://mm.icann.org/mailman/listinfo/gnso-rpm-wg
> 

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