[gnso-rpm-wg] WIPO retaliation -- danger for RPM PDP participants?

George Kirikos icann at leap.com
Thu Jun 7 17:15:18 UTC 2018


Doug,

Nice try again, but like Georges, you're not correct. See:

http://www.wipo.int/amc/en/domains/challenged/

which lists the Renner.com case, which was also terminated.

http://www.wipo.int/amc/en/domains/search/case.jsp?case_id=15703

I obviously checked this *before* I brought this matter to the mailing
list (that's why my responses are so quick, as I've anticipated every
reasonable explanation).

Recall, WIPO had already modified that page to remove the
LawSociety.com case, in order to attempt to justify excluding a number
of other cases that belonged on that page.

This is blatant retaliation, plain and simple. WIPO should be ashamed
of themselves.

Sincerely,

George Kirikos
416-588-0269
http://www.leap.com/



On Thu, Jun 7, 2018 at 1:09 PM, Doug Isenberg <Doug at giga.law> wrote:
> Could it simply be that the <pupa.com> dispute was mistakenly listed on the WIPO page in the first place and, now that the error was noticed (perhaps as a result of recent attention being given to this page), it has been properly removed?  The WIPO page states (and stated) that it "lists select court cases known to have been issued following a UDRP decision."  However, it appears as if the <pupa.com> case never resulted in a UDRP decision and instead was terminated.  See http://www.wipo.int/amc/en/domains/search/case.jsp?case_id=23622
>
> Doug
>
>
> -----Original Message-----
> From: gnso-rpm-wg <gnso-rpm-wg-bounces at icann.org> On Behalf Of Volker Greimann
> Sent: Thursday, June 7, 2018 12:30 PM
> To: gnso-rpm-wg at icann.org
> Subject: Re: [gnso-rpm-wg] WIPO retaliation -- danger for RPM PDP participants?
>
> Depends. Maybe the other party chose not to participate as it knew it had no chance. Or it did not want to risk the costs.  Or it never knew.
> Speculating on the reasons why a party did not appear is futile. All that counts is that the UDRP decision was not upheld.
>
> Volker
>
>
> Am 07.06.2018 um 18:23 schrieb Nahitchevansky, Georges:
>> George K
>>
>> I think this is getting way into weeds, too personal and not productive.  In your Pupa.com case, you filed a lawsuit in Ontario after the UDRP was filed.  The defendant (who had filed the UDRP) apparently did not make an appearance in the lawsuit you filed.  Your attorneys then filed for a default judgment that was granted -- particularly because nobody contested the matter.  This is hardly a fully litigated case where a judge has submissions from both parties and then rules on the merits.  I believe the idea behind the WIPO page is to have cases that were litigated by the parties (who both appeared) and where the court issued a decision.  Just so you know, there are dozens of cases where parties have filed lawsuits against a party who registered a domain name and/or who won a UDRP that resulted in defaults.  In my mind, those cases are not the type case that typically brings any real learning as to whether there has been a bad faith use or registration of a domain name.  Like settle
>>   ments, which often involve business decisions, sometimes parties default in lawsuits -- particularly, where, as in your case the costs could be high and the domain name may ultimately not be worth the effort.  There are many entities that may make the business decision that since they have no connection to the forum (e.g., they do no business in the country in question and have no presence there), they don't want to spend the money and thus simply default.  So, in my view, I would not read your case as being particularly meaningful as to the merits as there was no real litigation with briefs and evidence submitted by both sides. So while you might want your case highlighted for personal reasons, I don't really think it belongs on the page if the page is meant to dedicated to fully litigated cases where the parties both appeared and then resulted in a court decision (e.g. Barcelona.com).
>>
>>
>>
>> -----Original Message-----
>> From: gnso-rpm-wg <gnso-rpm-wg-bounces at icann.org> On Behalf Of George
>> Kirikos
>> Sent: Thursday, June 7, 2018 11:55 AM
>> To: gnso-rpm-wg <gnso-rpm-wg at icann.org>
>> Subject: [gnso-rpm-wg] WIPO retaliation -- danger for RPM PDP participants?
>>
>> Hi folks,
>>
>> I draw folks' attention to the page at:
>>
>> http://www.wipo.int/amc/en/domains/challenged/
>>
>> which had been a topic of discussion on this mailing list before. I was shocked to see that it has recently been edited to remove one additional case, namely the court case involving my own company (Leap of Faith Financial Services Inc.), defending the Pupa.com domain name.
>> Attached are 2 PDFs, one generated today (June 7, 2018) and one generated a month ago (May 4, 2018). The Pupa.com case is the 2nd case in the May 4, 2018 PDF, but has been erased from the version from today.
>>
>> No other changes were made.
>>
>> I perceive this as direct retaliation by WIPO for my lack of support of Brian Beckham's candidacy for co-chair in this PDP. There can be no other reasonable explanation, given the timing of this removal.
>>
>> This retaliation by WIPO also says to members of this PDP that if they disagree with a position taken by WIPO, that there could be consequences, just as has happened here to my company. That is very dangerous.
>>
>> This petty action by WIPO reinforces my previously-stated opposition to Brian Beckham's candidacy as co-chair of this PDP, where I raised the issue of non-neutrality. It calls into question the entire legitimacy of future policy choices by this working group, if members of this PDP perceive that they could face retaliation too. The chilling effect of this action by WIPO is obvious.
>>
>> Sincerely,
>>
>> George Kirikos
>> 416-588-0269
>> http://www.leap.com/
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