But let's get back to the point of this thread, and why WIPO considered your Response.
Quote:
Seems
it is that clause which they know is not compatible with the UDRP.
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Ummm.... no. The decision specifically points out that the indemnification requirement is explicitly stated in the UDRP.
Roll the tape:
Quote:
By email dated January 28, 2009, the Respondent indicated that he would not agree to be bound by the Supplemental Rules. In particular, Respondent stated:
“I do not wish to accept the Supplementary Rules of WIPO, most notably I do not wish to accept rule 12 by which you seek to absolve WIPO of all legal responsibility. I do not accept that such rules are in compliance with the UDRP nor have I entered a contract that agrees to such rules when I registered the domain name.
I therefore formally ask that you write to me within 5 days and inform me that I do not have to agree to such WIPO rules and that even so WIPO will still consider my response to the complaint as valid. If I do not receive such assurance, or receive no reply at all then I shall be proceeding with litigation that will involve WIPO.”
The Center responded on February 2, 2009. The Center informed Respondent that the Supplemental Rules are applicable in UDRP proceedings because they are incorporated by the UDRP, to which Respondent had agreed in his contract with the Registrar. Moreover, Supplemental Rule 12 mirrors Rule 20 of the UDRP itself, which specifically provides that a Provider (such as WIPO) shall not be liable to a party for any act or omission in connection with any administrative proceeding except in the case of deliberate wrongdoing. |
You know... if you are not going to read it, then it seems pretty strange to be making conclusions about what they said, when they said the exact opposite.