Re[3]: [ga] WIPO Arbitrators Stern In Domain 'Hijacking' Rulings

[William X Walsh <william@userfriendly.com>]

Friday, Friday, October 26, 2001, 5:38:04 PM, Patrick Greenwell wrote:

> On Fri, 26 Oct 2001, William X Walsh wrote:

>> Friday, Friday, October 26, 2001, 4:21:01 PM, Roeland Meyer wrote:
>>
>> > Cute ... so what's the penalty?
>>
>> Exactly. There should be a monetary penalty for reverse hijacking
>> decisions, in compensation to the domain owner.  A punitive like
>> penalty, that they must agree to pay if they are found to be engaging
>> in a reverse hijacking attempt as a condition of being permitted to
>> initiate a UDRP action.
>>
>> What do the rest of you think of this concept?

> I think it's a potentially interesting idea, but I find it unlikely that
> you'll ever get "consensus"(aka the ICANN staff and BOD) to buy into it.
> There's also a pretty significant enforcement issue. How would you propose
> to enforce judgements?

They would have to contractually agree to it as a condition for
entering the UDRP process.

If they default, then the domain owner has a good cause of action for
the original amount plus legal fees, right?

-- 
Best regards,
William X Walsh <william@userfriendly.com>
Userfriendly.com Domains
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