WIPO visit website

[domaingenius]

Pray tell me, why would WIPO visit the website of a domain the day that
a UDRP is filed ? Do they check the site or whats on the domain and
then tell the Panelists ? Surely they are, and dont laugh please ,they
are meant to be neutral (I would neuter them all myself) ?;
inetnum: 193.5.88.0 - 193.5.95.255
netname: WIPONET
descr: World Intellectual Property Organization
descr: UN Specialized Agency
descr: Geneva
country: CH
admin-c: AM4504-RIPE
tech-c: AM4504-RIPE
status: ASSIGNED PI "status:" definitions
mnt-by: CH-UNISOURCE-MNT
mnt-by: DE-COLT-MNT
source: RIPE # Filtered

DG

[harleyx]

My first guess would be it's a robot that scrapes the site as soon as a dispute is filed, so they can get the most accurate picture of what the website contains when the complaint is filed.

No doubt most people change their website once they become aware they're being WIPO'ed, so that just seems logical to me.

[TheLegendaryJP]

(I would neuter them all myself) ?;


DG

[domaingenius]

My first guess would be it's a robot that scrapes the site as soon as a dispute is filed, so they can get the most accurate picture of what the website contains when the complaint is filed.

No doubt most people change their website once they become aware they're being WIPO'ed, so that just seems logical to me.

You may well be right, and I am not concerned about the site because it
is a legitimate website selling products and I applied for TM for it.
However it surely throws into doubt the contention by WIPO that they
are neutral ?. Sure if the Panelist its fine but for WIPO to do it shows
a degree of bias , which I have always thought existed because their job
is to promote IP rights enforcement and that does not sit neatly
with running the UDRP.


I would appreciate a Lawyers input as to what possibilities
exist to get WIPO into Court to answer such matters in
regard to a specific case ?. WIPO are in Swissland ,so where
and what would I litigate ?

DG

[katherine]

It is pretty normal that the panelists want to check the actual usage for the domain.

[domaingenius]

It is pretty normal that the panelists want to check the actual usage for the domain.

I dont dispute the Panelist, but the role of WIPO is supposed to
be an overseer of the process, but interfering in the decision
process.

DG

[GeorgeK]

http://www.icann.org/en/udrp/udrp-rules-24oct99.htm

2. Communications

(a) When forwarding a complaint to the Respondent, it shall be the Provider's responsibility to employ reasonably available means calculated to achieve actual notice to Respondent. Achieving actual notice, or employing the following measures to do so, shall discharge this responsibility:

(i) sending the complaint to all postal-mail and facsimile addresses (A) shown in the domain name's registration data in Registrar's Whois database for the registered domain-name holder, the technical contact, and the administrative contact and (B) supplied by Registrar to the Provider for the registration's billing contact; and

(ii) sending the complaint in electronic form (including annexes to the extent available in that form) by e-mail to:

(A) the e-mail addresses for those technical, administrative, and billing contacts;

(B) postmaster@<the contested domain name>; and

(C) if the domain name (or "www." followed by the domain name) resolves to an active web page (other than a generic page the Provider concludes is maintained by a registrar or ISP for parking domain-names registered by multiple domain-name holders), any e-mail address shown or e-mail links on that web page; and

No need to be paranoid in this case. They're just checking for email addresses to send the complaint to that might be listed on the website.

[Acro]

Use a forwarding rule that checks the visiting IP and if it belongs to the WIPO organization, forward them to Scientology.com

[katherine]

Great idea

Something along these lines (untested):

RewriteEngine on
RewriteCond %{REMOTE_ADDR} ^193\.5\.([8][8-9])|([9][0-5])\.
RewriteRule ^.*$ http://www.scientology.org/ [R=301,L]

Or just block by CIDR:

order deny,allow
deny from 193.5.88.0/21
allow from all