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Username: fnord
Date/Time: Thu, June 22, 2000 at 2:13 PM GMT
Browser: Microsoft Internet Explorer V5.5 using Windows 98
Score: 5
Subject: caselaw

Message:
 

        iplawyer writes:

>In other words, cases.web would not infringe cases.com unless cases.com was trademarked.<

Not so, see the information on proceedings:
http://www.icann.org/udrp/udrp.htm
In particular but not limited to the americansingle case.
Cases.com could also apply for a trademark to block you after the fact, see the eresolution case for example, which is particularily egregious as eresolution is one of ICANN's appointed arbiters.

The way the UDRP panels work is they build on their own precedents. As there is no appeal procedure, no court of appeals, no supreme court, there is no way to remove bad precedent. As the learned panelists are neither elected nor appointed by a democratically elected body, there is no way for the internet community to constrain them from blithely wandering off additional cliffs.

For an exhaustive but still incomplete listing of US caselaw see:
http://www.perkinscoie.com/resource/ecomm/netcase/Cases-08.htm
To say nothing of the additional confusion that caselaw in other countries brings to the mix. Hence the suggestion that trademark holders be given a .reg, a commercial area, so that judges, some of whom have never been online or even used a computer, don't micromanage (and almost certainly mismanage) the net namespace.

     

d_d@email.com - email without ICANN in Subject: line is blocked


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