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| Platinum Lifetime Member Last Online: 11-07-2009 12:10 PM iTrader: (5) Join Date: Mar 2006
Posts: 1,027
DNF$: 148 Location: United Kingdom
Country: | How relevant are previous decisions ?? I am sick and tired of companies trying to get a domain from me and saying "We refer to the WIPO decision against you in 2000" as if that 1 decision means I am therefore guilty of everything for life. It is a bit like the reason that they preclude mention of previous convictions in criminal trials, because a prior "conviction" does not mean the guy is guilty of every other future offence of the same type. The decision in 2000 was crap and yet it seems to be referred to time and time again to taint me. DG |
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| The Evil Mod Name: Ed Last Online: Yesterday 09:18 PM iTrader: (36) Join Date: Dec 2007
Posts: 8,355
DNF$: 63 Location: South Florida
Country: | I am not a lawyer, I do not play one on TV nor do I look like one. I don't think it is relevant. Each domain is different. It is not like a speeding case where the issues are consistent (speed limit, car's speed, driving conditions etc..). Just because someone lost XYZ.com in a WIPO case doesn't mean that everyone who has a domain should lose theirs right off. It sounds more like scare tactics from uneducated lawyers. Is your domain similar to the domain in the referred to case and is it the same or similar company?
__________________ Get a Parked.com account today! What's on Draggar's mind? Find out at http://www.draggar.net I'm always looking for dog breed domains |
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| | #3 (permalink) |
| Platinum Lifetime Member Name: Deceased Last Online: 11-09-2009 04:49 AM iTrader: (9) Join Date: Jan 2007
Posts: 1,259
DNF$: 804 Location: Louisiana
Country: | You could always change your name ... ![]()
__________________ Effeminate.com Fluffies.com Fluffs.com FunWithGirls.com HockeyLeagues.com & More! ifrontpage.com If you have to explain what your domain name means, give up, it's a crappy name! |
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| | #4 (permalink) | |
| Platinum Lifetime Member Last Online: 11-07-2009 12:10 PM iTrader: (5) Join Date: Mar 2006
Posts: 1,027
DNF$: 148 Location: United Kingdom
Country: | Quote:
DG | |
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| | #5 (permalink) |
| Philadelphia Lawyer | http://www.wipo.int/amc/en/domains/d...2006-0445.html Although some of the domain names registered by Respondent do raise questions, a bare list of domain names without evidence of how they are being used and whether they reflect bad faith, and a single adverse decision, do not make a pattern. Moreover, even if it were a pattern, and even if Respondent was found to have been a cybersquatter in another case, the question in this case is whether Respondent has cybersquatted this Domain Name. See e-Duction, Inc. v. Zuccarini, WIPO Case No. D2000-1369, concurring opinion (February 5, 2001) (decisions against same respondent in other actions is not necessarily relevant because “[e]ven a blind pig finds an acorn sometimes”).
__________________ John Berryhill Ph.d., esq. John-AT-johnberryhill.com Please do not send private messages via dnforum.com, email me directly. |
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| | #6 (permalink) |
| DNF Addict Last Online: 09-23-2008 04:35 PM iTrader: (2) Join Date: Oct 2002
Posts: 1,100
DNF$: 4,835 Location: Columbia, MD | You are right, it should not matter. Unfortunately, when it comes to the human mind and the use of judgement, immaterial things can sway a person. This is human nature. This why you need to pick your battles wisely. PS- didn't realize pigs ate acorns., I wonder how many yhey need to eat in a day to stay so fat?
__________________ Track emails that you send, PM me to find out how.... |
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| | #7 (permalink) | |
| Platinum Lifetime Member Last Online: 11-07-2009 12:10 PM iTrader: (5) Join Date: Mar 2006
Posts: 1,027
DNF$: 148 Location: United Kingdom
Country: | Quote:
DG | |
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