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Further data on actual extent of the alleged problem

  • To: "comments-igo-ingo-final-20sep13@xxxxxxxxx" <comments-igo-ingo-final-20sep13@xxxxxxxxx>
  • Subject: Further data on actual extent of the alleged problem
  • From: George Kirikos <gkirikos@xxxxxxxxx>
  • Date: Fri, 11 Oct 2013 20:26:27 -0700 (PDT)

As an additional perspective, to counter the assertions of Hope Makena and 
Sergio De Gregori, consider the experience of the most famous organizations, 
namely the Red Cross and the IOC with regards to the UDRP. Yes, these 
organizations have filed, and been successful, using the UDRP. Using the 
UDRPSearch.com tool, we can see that the Red Cross has been a complainant a 
mere 15 times:


since 1999. That's roughly once per year. 

The IOC and its agents have been involved in under 26 UDRP cases according to 
the search results for "Olympic" as a party, see:


(note some of those matches were *not* for the IOC, but were for other 
concurrent users, such as Greece's Olympic Airways).

There are thousands of UDRPs per year, and these organizations do not account 
for a significant portion of them. If we go by the data, Lego would have a much 
stronger argument for special rules in their favour, given the number of cases 
(603 matches as a party to UDRP disputes) they bring in comparison.

This is evidence of two things:

1. the claimed problem is tiny in nature, even for the most famous entities 
like the IOC and the Red Cross
2. current procedures such as the UDRP are effective for those situations, and 
more extraordinary relief sought by IGOs is simply not required.

If we look at the UDRP, there is a 3-part test, and it's there for a reason.


(see paragraph 4.(a))

To win a complaint, it's *insufficient* for a domain name to be identical to a 
mark (or an acronym, as the case may be). Registrants can defeat a UDRP 
complaint by showing they have legitimate rights, or that there was no bad 
faith involved. The extremists in the other camp want to replace this 3-part 
test with a 1-part test, considering only "similarity" in order to tilt the 
playing field in their attempts to reverse hijack existing domain names, or to 
reserve unregistered names for themselves. That's simply absurd, and reckless.


George Kirikos
Leap of Faith Financial Services Inc.

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