[Random-bits] Bad UDRP decision - dodgevipers.com

[James Love]

Subject: Bad UDRP decision - dodgevipers.com
   Date: Wed, 02 Aug 2000 11:10:07 -0400
   From: James Love <love@cptech.org>
 Organization:  http://www.cptech.org
        To: "Bret A. Fausett" <fausett@lextext.com>, NCDNHC
<NCDNHC-Discuss@lyris.isoc.org>

http://arbiter.wipo.int/domains/decisions/html/d2000-0222.html

According to Brett Fausett, this is a UDRP decision involving a web
site, http://www.dodgeviper.com, which was run by a fan of Dodge Vipers,
since 1996.  Apparently Dodge had even provided a link to his site in
one of the Dodge Viper magazines.  Then the Dodge legal department went
after the site.  According to to Brett, the panelist "found bad faith
registration and bad faith use on literally no supportive facts."

   There are other disputes involving sites such as vintagevolvos.com.

   If the NCC was to comment on these types of decisions, it might say:

1.  Expansion of the TLD space could help address these problems, by
creating TLDs such as .fans, .owners or .users.  

2.  There is a legitimate purpose in consumers creating web sites to
discuss products.  They should be permited to use the name of the
product in the domain name, so long as the web site doesn't purport to
be an official company site.  The dodgevipers.com site is clear that it
is a fan site, and not a Dodge site.

3.  The UDRP should reverse its decision in the dodgevipers.com case.

Jamie


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James Love, Director           | http://www.cptech.org
Consumer Project on Technology | mailto:love@cptech.org 
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