Re: [ga] UDRP Questionnaire

[Eric Dierker <eric@hi-tek.com>]

1. Based upon the evidence submitted all documentation and arguments we find
that there is no merit to the complainants allegations and deny the petition.

2. In that there appears to the satisfaction of the arbitrators that there is a
prima facie case stated we find this matter should go forward and advise the
parties to submit further memorandum upon the issues presented which we find to
be; _______.  Both parties have a forthwith ten day (10 day) period in which to
respond.

3. We find that there is a prima facie case stated but that there are arguable
factors which mitigate against enforcement of any mark or copyright action such
that we refuse to issue an opinion and refer the matter to non-conclusion.
With this finding we specifically direct the registrar and registry take no
action on this matter until further ordered by a tribunal.

Just a shot in the dark, what say thee?

Hugh Blair wrote:

> > -----Original Message-----
> > On Behalf Of Sandy Harris
> > I think there are two stages to this. First the compainant has to
> demonstrate
> > the existence of a conflict in something like trademark law. The question
> of
> > 'bad faith' does not even arise unless there's a clear conflict.
> >
> > I'd also like to see three possible outcomes from a UDRP ruling.
> >
> > Complaint denied, and the complainant is going to have a hard time going
> to
> > court since he agreed that the UDRP procedure was binding.
> >
> > Complaint accepted and (former) domain name holder is going to ...
> >
> > No ruling. The complainant appears to have at least enough of a case to
> > argue about, but it is not clear enough for UDRP to summarily rule on.
> > Take it to court or drop it.
>
> As long as there is a time limit to option #s 1 & 3. Open ended waiting
> would serve no one.  Maybe 30 days after both parties have submitted
> their complaint/response?
>
> -Hugh
>

Sincerely,
Eric Hugh Dierker

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