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Thread: WIPO visit website

  1. #1
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    WIPO visit website

    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


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    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.
    If it sounds too good to be true, post it on DNForum and you'll find some suckers!


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    Quote Originally Posted by domaingenius View Post
    (I would neuter them all myself) ?;


    DG




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    Quote Originally Posted by harleyx View Post
    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


  5. #5
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    It is pretty normal that the panelists want to check the actual usage for the domain.


  6. #6
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    Quote Originally Posted by sdsinc View Post
    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


  7. #7
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    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.
    George Kirikos
    Home Page


  8. #8
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    Use a forwarding rule that checks the visiting IP and if it belongs to the WIPO organization, forward them to Scientology.com

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    Great idea

    Something along these lines (untested):
    Code:
    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:
    Code:
    order deny,allow
    deny from 193.5.88.0/21
    allow from all
    


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