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Username: DOTNZ
Date/Time: Wed, January 16, 2002 at 1:03 PM GMT
Browser: Microsoft Internet Explorer V5.5 using Windows NT 5.0
Subject: This really P****s me off!

Message:
 

 
I strongly oppose this recent case:

http://arbiter.wipo.int/domains/decisions/html/2001/d2001-1125.html

Here, a company in Turkey got the name merci.com taken from them by a Germany comapny.

merci is a generic word - goddamit - just because it is in French, doesn't mean that it is't as significant as an English word.

Just because the site was not used to resolve to a website, shouldn't be grounds for them to lose it (they may have been using the domain for email, or had plans to develop it).

Just because they didn't respond to the case they shouldn't be penalised. They may not have understood English or just couldn't afford to respond (how much does it cost?) In most Civil cases, just because you don't turn up for court, dosn't mean that the case is automatically decided against you.

Just because they "informally" asked for $100,000 for the name dosen't mean didly squat. For god's sake, that's the value of generic dot coms these days - what just because they didn't say "well you can pay be $35 x 5 years for my name and I'll be happy", then they should be penalised.

Making a profit on names is the cornerstone of any capitalist economy, why should they be penalised for asking for the true value of their asset??!!!!

And just because they lost a previous case (because they also didn't contest it - probably because they couldn't afford it), that shouldn't be used against them. In Civil court in the States, previous allegations are not allowed to be used against you.

The guy lived in Turkey for God's sake. He probably never heard of 'merci magazine' or whatever it's called. I certainly haven't until now. But even then I'd contest this stupid decision.

WIPO are getting too bloody one-sided for their own good. WAKE UP PEOPLE AND REALISE > generic uses of words are perfectly legitimate and trademark owners shouldn't fricken abuse their rights.

Bastards. 

How much does it cost to respond to these stupid WIPO cases anyway?
 


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