Re: [ICANN-EU] Re: WIPO

[Jeff Williams <jwkckid1@ix.netcom.com>]

Thomas and all,

Prof. Dr. Thomas Hoeren wrote:

> 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.

  Yes, but in essence the complainant makes the panel selection...

>
> >
> >   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.

  And that has not been done in the majority of cases as has been
documented clearly...  Hence this brief statement seems to be on the
surface to be misleading at best.

>
>
> 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.

  Your welcome.  Thank you also for sharing your comments as
well.  >;)

>
>
> 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

--
Jeffrey A. Williams
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