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[ga] Another UDRP kangaroo court

  • To: General Assembly of the DNSO <ga@xxxxxxxxxxxxxx>
  • Subject: [ga] Another UDRP kangaroo court
  • From: Andy Gardner <andy@xxxxxxxxxxxxxxx>
  • Date: Tue, 8 Sep 2009 19:57:58 -0500


"The Respondent contends that the Complainant does not have trademark rights in the word KOC which is the word that appears in the disputed domain name. This contention is rejected by the Panel as it is not presently possible to reflect Turkish characters in a domain name and therefore KOC is the obvious equivalent to the Complainant’s trade name and mark KOÇ."

Panel has either been living under a rock for 8 years (since IDN domains were introduced) or is prejudice against the respondent.

Considering the complainant already has KOÇ.com, and had unsuccessfully tried to take koc.com away via UDRP once before, this decisions reflects just how broken the UDRP process is.

Especially when you consider that this same panelist denied the transfer of yapifuari.com in http://www.wipo.int/amc/en/domains/decisions/html/2009/d2009-0573.html because "yapi fuari" is a generic term, yet in this case with "koç" which is the word for "Ram" and the word for the Aries star sign, he refuses the generic defense, even not bothering to mention it in the "Rights or Legitimate Interests" section of the decision even though mentioning that the respondent raised the matter earlier in the decision.

Kangaroo court?

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