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Domain Name Disputes Discuss domain disputes, Nominet DRS or UDRP

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Old 21-02-2007, 06:54 PM   #1

 
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UDRP v DRS

Found this interesting PDF comparing the UDRP to the DRS:

http://www.csccorporatedomains.com/d...ETS01.udrp.pdf

Now sure how old it is ........

Quote:
UDRP
ADVANTAGES
- Simple and cost-effective.
- Fast procedure finished in 45-60 days.
- Electronic online procedure.
- Overcomes jurisdictional uncertainties.
- Default decision if respondent does not reply.
- Panelists are experts, international and multi-lingual.
DISADVANTAGES
- No mediation.
- International solution developed for generic TLDs only.
- Inconsistency in published decisions.
- Expensive if you have many markets.


NOMINET'S DRS
ADVANTAGES
- Free mediation.
- Appeal process.
- Logically qualified panelists.
- Registration in bad faith alone enough for a complaint.
DISADVANTAGES
- Nickname defence.
- Freedom of speech defence for sucks sites, etc.

Also this is interesting from todays news:

http://news.com.com/Big+names+may+no...3-6160795.html

Quote:
There was a time when it seemed that powerful trademark holders generally prevailed when they sought the transfer of Internet domain names that contained their trademarks.

But recent decisions show that domain name registrants have a fighting chance under certain circumstances.
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Old 21-02-2007, 07:10 PM   #2

 
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Quote:
Originally Posted by Whois-Search View Post
Found this interesting PDF comparing the UDRP to the DRS:

http://www.csccorporatedomains.com/d...ETS01.udrp.pdf
...Emilly Taylors quote was somewhat 'disturbing':

NOMINET SPEAKS
NOMINET'S EMILLY TAYLOR OUTLINES THE KEY
ADVANTAGES OF THE COMPANY'S DRS

"The big thing that differentiates us from other systems is the mediation process that we offer for free, and which leads to a resolution in over a third of cases. As to the nitty-gritty rules side, for trademark holders/claimants there are two key points. First, that we don't require proof of registration and use in bad faith, only registration or use in bad faith. This may seem like a small point, but in practice you can get into all sorts of complicated arguments about use. Second, in terms of blocking registrations, our system doesn't require you to establish a pattern of conduct, just one abuse or one illegal name can formthe basis of a dispute."



Quote:
Originally Posted by Whois-Search View Post
Also this is interesting from todays news:

http://news.com.com/Big+names+may+no...3-6160795.html

"There was a time when it seemed that powerful trademark holders generally prevailed when they sought the transfer of Internet domain names that contained their trademarks.

But recent decisions show that domain name registrants have a fighting chance under certain circumstances."
...This quote was about the UDRP rather than the DRS - I think we all know what would of happend under the DRS - It's clear to me (and others) that the UDRP is a 'fairer' system than the DRS, but for some reason Emilly Taylor really doesn't like the UDRP - she's showing a bias here maybe?

Regards,

Sneezy.
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Old 21-02-2007, 11:22 PM   #3

 
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is it her hubby who does the drs system?
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