Re: [ga] More UDRP Proceedings

[Harald Tveit Alvestrand <Harald@Alvestrand.no>]

At 22:45 12.01.00 -0800, Ellen Rony wrote:

>It's interesting that in two of the new proceedings, the domain names were
>registered in January and December 1995, respectively.  I'm disturbed by
>the notion that a domain registrant's remains vulnerable to a challenge in
>perpetuity.

Seems to me that the logic of the agreements is that any domain name holder 
must agree to the new rules in order to get his domain name registration 
renewed; thus they are indeed vulnerable to challenge in perpetuity, and 
the challengers are assuming that all domains are challengeable *now*.

Note that under the UDRP, the following (among others) is considered 
evidence of your rights to the domain name (section 4 c (i)):

>(i) before any notice to you of the dispute, your use of, or demonstrable 
>preparations to use, the domain name or a name corresponding to the domain 
>name in connection with a bona fide offering of goods or services

So either the 1995 domain names have lain fallow for 5 years, or 
demonstration of rights in the name should be easy, and the case is not 
decidable under the UDRP.

                      Harald

--
Harald Tveit Alvestrand, EDB Maxware, Norway
Harald.Alvestrand@edb.maxware.no