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Re: [gnso-sti] Rule 56 - some suggestions

  • To: Zahid Jamil <zahid@xxxxxxxxx>, "'GNSO STI'" <gnso-sti@xxxxxxxxx>
  • Subject: Re: [gnso-sti] Rule 56 - some suggestions
  • From: Konstantinos Komaitis <k.komaitis@xxxxxxxxxxxx>
  • Date: Fri, 04 Dec 2009 15:18:35 +0000

Dear Zahid,

Thank you very much for taking the lead on re-wording Rule 56 and for using
language that is also understandable by the non-American community. I think
your language makes it much clearer.

One point, however, that I think we need to change: in your document you
have inserted ³and evidence that the domain name was registered and/or is
being used abusively to infringe the trademark². For compatibility reasons
with the URS and the UDRP elements, I believe that we need to say: ³and
evidence that the domain name was registered and is being used abusively to
infringe the trademark². Basically, I suggest we remove the word ?or¹ from
this section. Throughout the UDRP practice, it has always been bad faith
registration AND use; I suggest we stick to this requirement, especially
since we use the UDRP language as a template for much of the URS.

Thank you very much

Best
Konstantinos



On 04/12/2009 04:54, "Zahid Jamil" <zahid@xxxxxxxxx> wrote:

> As promised on the last URS call, attached is my attempt at the language of
> Rule 56 which is under discussion.
>  
>  
> Sincerely,
>  
>  
> Zahid Jamil
> Barrister-at-law
> Jamil & Jamil
> Barristers-at-law
> 219-221 Central Hotel Annexe
> Merewether Road, Karachi. Pakistan
> Cell: +923008238230
> Tel: +92 21 5680760 / 5685276 / 5655025
> Fax: +92 21 5655026
> www.jamilandjamil.com <http://www.jamilandjamil.com/>
>  
> Notice / Disclaimer
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>  
> 

-- 
Dr. Konstantinos Komaitis,
Lecturer in Law,
GigaNet Membership Chair,
University of Strathclyde,
The Lord Hope Building,
141 St. James Road,
Glasgow, G4 0LT,
UK
tel: +44 (0)141 548 4306
email: k.komaitis@xxxxxxxxxxxx 



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