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Re: [ICANN-EU] Re: WIPO

Dear Mr. Williams,

thanks for your interesting ideas. However, there are some statements 
which might be misinterepreted by others. Therefore some short 
remarks of a WIPO domain name panelist; I am  sorry in advance if I 
cannot answer future responses as quickly as others have done in the 
past at this important and vivid forum.

> But with the UDRP, very little establishment is needed as the complainant
> gets to determine the Arbiters solely.  Hardly a fair way of resolving
> a dispute.
The complainant do not determine the arbiter solely. There is a 
complex regulation in the UDRP as to the appointment of arbiters 
which includes a participation of the respondent as well. 
> 
>   Second:  If someone uses part of a TM'ed term or name in a domain name
> like Mercedessucks.org, and is not selling anything related to Mercedes
> the auto manufacture, than no law is broken under US TM law.  This may
> be different in other countries.  Hence the jurisdictional issue.
Similar principles apply within the UDRP. See the famous Julia 
Roberts case. The problem however still exists which national law has 
to be applied in determining a WIPO domain name case.

To Alf Hansen: There is a chance to establish a new trademark using a 
domain name for business purposes. 

Sorry for my short remarks. I am a little bit short of time. Thank 
you all for your very remarkable discussions on this forum.

Thomas Hoeren 
Prof. Dr. Thomas Hoeren
Institut fuer Informations-, 
Telekommunikations- und Medienrecht
Zivilrechtliche Abteilung
Bispinghof 24/25
D- 48143 Muenster
Tel.: 0251/8329919
Fax: 0251/8321177
E-Mail: hoeren@uni-muenster.de
http://www.uni-muenster.de/Jura.itm/Hoeren