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WWF.com wipo won by GregR

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EM @MAJ.com

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Ian

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that's good news to hear. I had seen it coming that World Wide Fund for Nature was going to find it difficulty to prove use of WWF.com in bad faith. Where is the vocal former owner beatz to comment here;)
 

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(ii) Gregory Ricks, Texas, United States of America, represented by John B. Berryhill, Ph.d. Esq., United States of America.


nicely done by JB.
 

DNQuest.com

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Very nice. This goes to show you... usage, usage usage

It was a very interesting read. It seems the panel wanted the WWF to prevail (at least that is how I read it), but the WWF shot itself in the foot by 1- waiting too long, 2- acknowledging that how the site was being used would make it difficult for them to prevail.

Honestly, I thought the WWF would prevail on this one. John did a great job.
 

Mr. Deleted

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My fav line:
The Panel notes that the Complainant apparently did not obtain an order from the Court in England requiring the Federation to transfer the disputed Domain Name to the Complainant, which allowed the name to become disused and, as happened, to be picked up by the various services which scavenge for discarded domain names. Be that as it may, the Complainant clearly knew from its dealings with Mr. Baach that the Federation was trying to sell the name.
 

sevent

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It seems the panel wanted the WWF to prevail (at least that is how I read it), but the WWF shot itself in the foot by 1- waiting too long, 2- acknowledging that how the site was being used would make it difficult for them to prevail.

Apparently the other thing they did to shoot themselves in the foot was to present 5 kilograms(!) of documentation. Can hardly imagine how much they had to pay to prepare all that....
 

katherine

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My fav line:
Quote:The Panel notes that the Complainant apparently did not obtain an order from the Court in England requiring the Federation to transfer the disputed Domain Name to the Complainant, which allowed the name to become disused and, as happened, to be picked up by the various services which scavenge for discarded domain names. Be that as it may, the Complainant clearly knew from its dealings with Mr. Baach that the Federation was trying to sell the name.
Scavenge ? Not me :greenrazz:
Congrats to GregR & John.
BTW the panel needs a spellchecker for 'dmforum.com' :greensleep:
 

denny007

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Now complainant should pay all Gregs legal fees.
 

jberryhill

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If you want to know what 5 Kg of complaint looks like:

http://www.johnberryhill.com/wwf-complaint.jpg

In the first couple of pages, they stated:

“[T]he domain name started pointing to a website carrying a discussion forum for
wrestling entertainment fans. The Complainant perceived that this new use might
make it more difficult to mount a successful administrative proceeding
complaint.”


Gregs legal fees.

Fees?

Oh crap, I KNEW I forgot something...
 

Mr. Deleted

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If you want to know what 5 Kg of complaint looks like:

http://www.johnberryhill.com/wwf-complaint.jpg

In the first couple of pages, they stated:

“[T]he domain name started pointing to a website carrying a discussion forum for
wrestling entertainment fans. The Complainant perceived that this new use might
make it more difficult to mount a successful administrative proceeding
complaint.”


Fees?

Oh crap, I KNEW I forgot something...

now that is a pile of books, how soon did you have to reply to all that?
 

jberryhill

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now that is a pile of books, how soon did you have to reply to all that?

20 calendar days from commencement.

Sometimes people get frustrated if I am not immediately available for a low-priority matter.

Things like this are the reason why.

I did another one last week that was about half as high.
 

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denny007

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Presecution? It was wipo, not a court. The only thing they decide is the ownership of a domain name.

So basically any big company can try to rip-off some small guy because he will not have enough money for legal fees. Thanks god I am doing only TM typos - WIPO losses are already calculated in the risk there...
 

Mr. Deleted

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So basically any big company can try to rip-off some small guy because he will not have enough money for legal fees. Thanks god I am doing only TM typos - WIPO losses are already calculated in the risk there...

You could always sue them in court I suppose for the fees, but WIPO is not a court to decide fees.
 
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