[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