[ga] TM rights or attempted or subjective wrongful appropriation via UDRP?

[Jeffrey Williams <jwkckid2@xxxxxxxxx>]

All,

  The subject line as for consideration and not an assertion.  Such is
but one case under the UDRP and should not
reflect the UDRP in total or it's actual intent in any way.

UDRP case in consideration in this discussion/post is Case

Case No. D2010-1953

See: http://www.wipo.int/amc/en/domains/search/text.jsp?case=D2010-1953


  Questions:

Does this case to a small degree demonstrate the assumed ownership by
TM holders defacto to any and all
related aspects of same and/or in respect to Domain Name holders/registrants?

Should the actual Domain Name registrant be subjected to a UDRP
complaint when he/she registered
the Domain Name prior to the TM being registered in any nation state?
Note: In this case the answer
seems to be no, but the respondent didn't respond what so ever and
still won.  Zhaohua Luo of Oxnard,
California, United States of America was brave, forthright or bold
enough to stand firm.

In this particular case, as in other similar cases the TM holder
seemed to be asserting a right that wasn't
actually theirs in order to protect their TM.  Or were they really?

Does the UDRP in it's current form actually favor the TM holder or the
actual registrant should they be
different entities?  So far the majority of cases seem to point to the
TM holder regardless if they are/were
the original registrant.  What is the root reason or cause of such?
Registration software holes perhaps?
Lack of good or accurate Whois data/database?  Other?  any or all?
Should the registrant have prior and/or
superior rights or the TM holder?  How can or does the UDRP in it's
rules of engagement directly and
unequivocally address this thorny issue?  How can and should ordinary
users weigh in or have influence
upon such weighty questions posed?

  Will or would our 'good fellows' at WIPO be willing to openly
address shortcomings or the appearance
there of in the current structure of the UDRP ?  From what I have
read, it seems that is a 'hot button'
that is not to be touched by or wanted by WIPO presently.  Other
opinions may and do vary.

  Next post shall address the UDRP and Domain Name use and content
there unto pertaining.  Does
and should the UDRP address these two aspects of Domain Names and their uses?

Kindest and respectful regards,
God bless,

Jeffrey A. Williams
"Credit should go with the performance of duty and not with what is
very often the
accident of glory" - Theodore Roosevelt

"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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