Re: [ga] Another UDRP kangaroo court

[Joe Baptista <baptista@xxxxxxxxxxxxxx>]

On 9/8/09, Andy Gardner <andy@xxxxxxxxxxxxxxx> wrote:
>
>
>
> http://www.wipo.int/amc/en/domains/decisions/html/2009/d2009-0938.html


Interesting - KOC the turkish ISP is a reseller in the INAIC scam. Check it
out.

http://bit.ly/1mgd4I

They sold a lot of TLDs. So did Dogan Online - another leading ISP in the
INAIC TLD scam.


"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.


I'm amazed myself. KOÇ.com is xn--ko-5ia.com in idn. Not very pretty but it
kills the argument.


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.


and the hypocrisy of it all.


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?


agreed

regards
joe baptista


-- 
Joe Baptista

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