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Re: [ga] UDRP dead?

  • To: George Kirikos <gkirikos@xxxxxxxxx>
  • Subject: Re: [ga] UDRP dead?
  • From: Jeff Williams <jwkckid1@xxxxxxxxxxxxx>
  • Date: Tue, 13 Apr 2004 21:40:52 -0700
  • Cc: ga@xxxxxxxxxxxxxx, icann board address <icann-board@xxxxxxxxx>, Esther Dyson <edyson@xxxxxxxxxxxxx>
  • Organization: INEGroup Spokesman
  • References: <20040413144253.84987.qmail@web14208.mail.yahoo.com>
  • Sender: owner-ga@xxxxxxxxxxxxxx

George and all former DNSO GA members or other interested
stakeholders/users,

  The UDRP was DOA a long time ago.  If you had reviewed the WIPO
reviews and comment periods of a few years back, you and news.com
would have known that now or today.  However I recognize the decision
by the than Esther Dyson lead ICANN BoD was before your involvement..

George Kirikos wrote:

> Hello,
>
> See: http://news.com.com/2100-1038_3-5190324.html
>
> about how Google is allowing folks to bid on trademarked terms. If one
> accepts Google's reasoning, it's not a huge leap to see that the basis
> for UDRP might also come under fire, i.e. attracting traffic for
> comparative advertising.
>
> So, for example, someone squatting on www.drinkcocacola.com could make
> a landing page saying:
>
> "Welcome. You were probably looking for www.cocacola.com . But, 2 out
> of 3 people in a blind taste test preferred the refreshing taste of
> Pepsi. Try the choice of the New Generation at www.pepsi.com and get a
> free coupon to save $1 on your next purchase."
>
> Fair use?
>
> Comments/analysis from the IP Constituency would be most appreciated
> (although non IPC folks might be interested in this issue, too).
>
> Sincerely,
>
> George Kirikos
> http://www.kirikos.com/

Regards,
--
Jeffrey A. Williams
Spokesman for INEGroup LLA. - (Over 134k members/stakeholders strong!)
"Be precise in the use of words and expect precision from others" -
    Pierre Abelard

"If the probability be called P; the injury, L; and the burden, B;
liability depends upon whether B is less than L multiplied by
P: i.e., whether B is less than PL."
United States v. Carroll Towing  (159 F.2d 169 [2d Cir. 1947]
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