Thread: Am i ?
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Old 04-03-2009, 10:37 AM   #9 (permalink)
jberryhill
Philadelphia Lawyer
 
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Three WIPO losses isn't so bad. It depends on why you lost.
I'll give an amen to that.

It's also a question of proportion.

While there is this atmosphere of "cybersquatter taint" from losing a UDRP, one does need to keep a sense of proportion. If you've had three names challenged out of a portfolio of several thousand, that's not terribly unusual. There are fine and respectable businesses which certainly become engaged in legal disputes and they win some and they lose some - that's what a "dispute" is about.

A fine upstanding and respected company like Exxon can contaminate hundreds of miles of wilderness coastline by putting a drunk in charge of an oil tanker. Verizon can seek exemption from liability for participation in criminal activities, which was granted to them.

While those examples are extreme, the fact that (a) any business will encounter legal disputes, and (b) nobody prevails all of the time, are normal facts of life.

Now, at some point, one may begin to wonder whether that business learns anything, or perhaps is generally ill-motivated, but in the main one would conclude that, for example, Exxon is in the business of selling petroleum products and Verizon is in the business of selling telecom services, and that their failures to be good citizens is not generally representative of who they are.
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