[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]
Re: [ICANN-EU] The real challenge for all of us as candidates
- To: Thomas Roessler <roessler@does-not-exist.org>
- Subject: Re: [ICANN-EU] The real challenge for all of us as candidates
- From: Marc Schneiders <marc@venster.nl>
- Date: Tue, 22 Aug 2000 21:07:42 +0200 (MEST)
- cc: Christoph <cweber@dialup.nacamar.de>, Jefsey Morfin <jefsey@wanadoo.fr>, icann-europe@fitug.de
- Comment: This message comes from the icann-europe mailing list.
- In-Reply-To: <20000822184402.A8791@sobolev.does-not-exist.org>
- Sender: owner-icann-europe@fitug.de
On Tue, 22 Aug 2000, Thomas Roessler wrote:
> On 2000-08-22 18:39:08 +0200, Marc Schneiders wrote:
>
> > Huh? The UDRP is ICANN "law"! ICANN approved WIPO to do the
> > arbitrations under the ICANN UDRP. So ICANN is responsible for
> > what WIPO is doing. It cannot deny that. Not even a hypocrit
> > could deny that. (Not saying you are one :-)
>
> Obviously, nobody can be forced to use UDRP.
But you can be forced to suffer it.
> This implies that
> national trademark law is still applicable.
Going to court in your own country is:
1. probably much more expensive;
2. will not work if the present owner lives elsewhere;
3. does usually not bind the registrar, so the name will not be
transferred in many cases.
That is why UDRP is so successfull: the registrars have to do what WIPO
says. Appeal is difficult.
This is for gTLD's. ccTLD's are another matter, see wdr.org.
--
Marc Schneiders ------- Venster - http://www.venster.nl
marc@venster.nl - marc@bijt.net - marc@schneiders.org