So who has thought through what the UDRP actually does?
Before, a trademark owner could send a complaint and a
certified copy of a trademark registration to NSI, and if
no responsive defense were mounted (i.e., a suit in Federal
Court for a declaratory judgment of non-infringement) the
domain name was gone. Now, the trademark owner goes
to whoever under the UDRP, there is a "procedure," and
quite properly taking Milton Mueller's figures, in 80% of
the cases the trademark owner prevails and a letter goes
to what used to be NSI -- one can then file suit in Federal'
Court for a declaratory judgment of non-infringement. So
what's the difference, except another layer of extra-legal
flapperdoodle that serves as a mere pretense of due
process and pulls the wool entirely over everyone's eyes?
This message was passed to you via the email@example.com list.
Send mail to firstname.lastname@example.org to unsubscribe
("unsubscribe ga-full" in the body of the message).
Archives at http://www.dnso.org/archives.html