FITUG e.V. Förderverein Informationstechnik und Gesellschaft

WIPO and Domain Names

------- Forwarded message follows ------- Date sent: Sun, 27 Aug 2000 15:57:26 -0500 Send reply to: Law & Policy of Computer Communications <CYBERIA-L@LISTSERV.AOL.COM> From: "James S. Huggins (Cyberia)" <Cyberia@ZNAME.COM> Subject: WIPO and Domain Names To: CYBERIA-L@LISTSERV.AOL.COM

We've had some discussion about the fact that WIPO thinks "sucks" is confusing.

In that vein, I thought these three articles of interest.

http://www.afternic.com/index.cfm?a=news&sa=more&st=5024

WIPO Wants Your Comments on UDRP Changes 08/14/2000

Netizens have been given another month to respond to WIPO's call for comments on the proposed expansion of its definition of cybersquatting. The current proposal would extend protection to holders of trade names, which need not be registered trademarks, as well as to individuals and geographical placenames. Some pundits argue against WIPO's bid to widen its mandate, pointing out the UN agency's tendency to disproportionately favor domain name holders in cases of alleged cybersquatting.

[page includes links to articles and a posted discussion]

http://www.theregister.co.uk/content/5/12638.html Who the hell does WIPO think it is? By: Kieren McCarthy Posted: 16/08/2000 at 16:29 GMT

[snip]

What we're looking at here is a coup by WIPO over every other body set up to resolve Internet argy-bargy. And how do you run a coup? You get either the military of the money-makers on your side. Seeing as there isn't any Internet military, it has gone for the fat and rich corporations.

[snip]

As it stands, there are four agencies capable of settling URL disputes: WIPO, NAF (National Arbitration Forum), eResolution and the CPR Institute for Dispute Resolution (CPRADR). But then when most of the cases are thrown at WIPO, the others bodies become transparent

[snip]

http://news.globetechnology.com/archive/gam/News/20000815/RBARC.html

Barcelona domain name ruling draws fire

JOHN PARTRIDGE The Globe and Mail Tuesday, August 15, 2000

[snip]

An arbitrator acting under a controversial new international system for resolving domain name disputes and combatting so-called "cybersquatting" has stripped a company controlled by a Spanish woman and her husband of http://www.barcelona.com ,a moniker she registered four years ago for a tourist site, and awarded it to the city of Barcelona.

[snip]

The name was "confusingly similar" to trademarks held by Barcelona's city council.

The city had "better rights" and "more legitimate interests" in the name than Ms. Reira and Mr. Noguerras Cobo.

The couple was using the name in "bad faith" because they had registered it in part to prevent Barcelona from doing so and because they eventually planned to try to obtain some sort of a payment from the city.

[snip]

However, she also noted that rulings under the ICANN dispute resolution system can be reviewed in court and said a "timely court action" by the owners of http://www.barcelona.com will "stay the ICANN decision."

A report from Barcelona Sunday said this is what Ms. Riera and Mr. Noguerras Cobo have in mind. The Spanish couple now own the domain name through Barcelona.com Inc. of New York, and the company said it will appeal the ruling to the U.S. courts because it figures it stands a better chance of success there.

James S. Huggins ------- End of forwarded message -------

Zurück