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The Internet was not made just for the benefit of corporations and trademark holders, it is here for everyone.
Similarly, trademarks are not there for corporations to over exert their limited rights in a particular trademark to the extent that exceeds the classifications in, and for which, the trademark is registered.
The UDRP, on the other hand, was clearly designed to over protect corporations, i.e. trademark holders. The vast majority of the panellists are corporate IP lawyers who have no interest in finding against the corporations and trademark holders. However, the UDRP is a granny without teeth and I personally treat the whole administrative proceedings as the joke that it is. It means absolutely nothing other than it gives rise to a cause of action against a complainant.
I operate numerous non-commercial criticism websites and I have been party to many UDRP administrative proceedings that have been brought against me (do not call it arbitration as arbitration falls under the arbitration act and a complainant/defendant will use the word “arbitration” against you in court in order to confuse the court). In each instance I started a court case against the complainant, and in some cases against their lawyers, and these court cases are still ongoing. For details of these court cases, see the entry page on any of my websites (one such website is AllosTherapeutics.com). In relation to this criticism website, the joke that is administrative proceedings has just finished recently and I have filed and served a court case against Allos Therapeutics Inc as per 4(k) and 5 of the UDRP. Some of my other websites are: Biocryst-Pharmaceuticals.com Gillead.com FieldFisherAndWaterhouse.com JonseDay.com
The corporations, by initiating frivolous and groundless administrative proceedings (an infringement action) have taught me a few simple facts, one of them being that the UDRP is one sided in favour of corporations and trademark holders, and the UDRP does not uphold human rights.
If, like me, you are operating one or numerous non-commercial criticism websites and you reside in the United Kingdom, the worst thing you could possibly do is to register your domain names in America, or via an American company as the UDRP gives the complainant a choice of jurisdiction from one of the “mutual jurisdictions” listed. It is a fact that the complainant will always choose the jurisdiction where the respondent does not reside. The complainant does this because the respondent only has ten days, under the biased UDRP, in order to file a court case against the complainant, to prevent a transfer of the domain name to the complainant, and it would be extremely difficult, if not impossible, for a respondent to file a court case in a foreign jurisdiction within ten days.
When you are criticising a trademark holder at trademark.tld, your domain name should always be registered in the country where you, the registrant, resides. It is vital that you also check that the exclusive jurisdiction mentioned in the contract is that of the country in which you reside. The majority of the ICANN accredited registrars are American or Canadian but there are some registrars within the UK and Europe. It is clear that if you are criticising an American company and your domain names are registered in America then you will receive cease and desist letters from the corporation or their lawyers. Strangely enough, when your domain names are registered in the UK, the corporations and their lawyers rarely threaten you with such letters. This is because in the UK, we have a little but important thing called “threat provision”/”groundless threats of infringement proceedings” and therefore the corporations and their lawyers are fully aware of the consequences of their actions.
Corporations do not like the fact that here, in the UK, and in certain other countries, we have the right to practice our human right of freedom of expression without frontiers and they will always try to bully a person into giving up their fundamental human rights and statutory rights. Don't be bullied by these corporations, just know your rights.
IF YOU ARE OPERATING A NON-COMERCIAL CRITICISM WEBSITE AT TRADEMARK.TLD, YOUR RIGHTS ARE:
Providing the domain name is registered through a UK registrar, and the website is hosted within the UK jurisdiction, you will have the protection of the UK and European laws which will protect your fundamental human rights of freedom of expression.
If you are served with a cease and desist letter (and the trademark holder has a UK and/or European Community trademark), and your conscience is clear that you are not profiting from the domain name or website, then all you need to do is send a simple letter back advising the sender to cease and desist from making groundless threats of infringement proceedings, failing which, you will initiate court proceedings against the corporation and the law firm who made the threat for a declaration of non-infringement under Article 92 of COUNCIL REGULATION (EC) No 40/94 of 20 December 1993 on the Community trade mark and Article 21 of the United Kingdom Trade Marks Act 1994. The same applies to a complainant who chooses to initiate UDRP administrative proceedings, which also gives rise to a cause of action against the complainant for the same.
If the corporation initiates a court case against you in America, you do not have to accept that jurisdiction, or any ruling that comes out of that court. Even if the corporation gets a favourable judgement from the court in America, they can not use that judgement to effect transfer of your domain name registered in the UK unless they initiate a new court case in the UK based on the American judgement. If a corporation does use an American court judgement to effect a transfer of your domain name then they have, among other things, induced a breach of contract which means you have another cause of action against the corporation.
I have learned much more than what I have mentioned here, but to put everything out I would have to write a book.
If you do have a question, I'll try to answer it, but it may take some time as I remain very busy defending our rights. In the event that I don't answer certain questions, my apologies, but I'm already expecting some of the questions to come from members of the corporations concerned as they obviously monitor these blogs, and I'm not going to play their silly little games.
In the words of Jason Nesmith (Galaxy Quest) Never give up, never surrender!
Similarly, trademarks are not there for corporations to over exert their limited rights in a particular trademark to the extent that exceeds the classifications in, and for which, the trademark is registered.
The UDRP, on the other hand, was clearly designed to over protect corporations, i.e. trademark holders. The vast majority of the panellists are corporate IP lawyers who have no interest in finding against the corporations and trademark holders. However, the UDRP is a granny without teeth and I personally treat the whole administrative proceedings as the joke that it is. It means absolutely nothing other than it gives rise to a cause of action against a complainant.
I operate numerous non-commercial criticism websites and I have been party to many UDRP administrative proceedings that have been brought against me (do not call it arbitration as arbitration falls under the arbitration act and a complainant/defendant will use the word “arbitration” against you in court in order to confuse the court). In each instance I started a court case against the complainant, and in some cases against their lawyers, and these court cases are still ongoing. For details of these court cases, see the entry page on any of my websites (one such website is AllosTherapeutics.com). In relation to this criticism website, the joke that is administrative proceedings has just finished recently and I have filed and served a court case against Allos Therapeutics Inc as per 4(k) and 5 of the UDRP. Some of my other websites are: Biocryst-Pharmaceuticals.com Gillead.com FieldFisherAndWaterhouse.com JonseDay.com
The corporations, by initiating frivolous and groundless administrative proceedings (an infringement action) have taught me a few simple facts, one of them being that the UDRP is one sided in favour of corporations and trademark holders, and the UDRP does not uphold human rights.
If, like me, you are operating one or numerous non-commercial criticism websites and you reside in the United Kingdom, the worst thing you could possibly do is to register your domain names in America, or via an American company as the UDRP gives the complainant a choice of jurisdiction from one of the “mutual jurisdictions” listed. It is a fact that the complainant will always choose the jurisdiction where the respondent does not reside. The complainant does this because the respondent only has ten days, under the biased UDRP, in order to file a court case against the complainant, to prevent a transfer of the domain name to the complainant, and it would be extremely difficult, if not impossible, for a respondent to file a court case in a foreign jurisdiction within ten days.
When you are criticising a trademark holder at trademark.tld, your domain name should always be registered in the country where you, the registrant, resides. It is vital that you also check that the exclusive jurisdiction mentioned in the contract is that of the country in which you reside. The majority of the ICANN accredited registrars are American or Canadian but there are some registrars within the UK and Europe. It is clear that if you are criticising an American company and your domain names are registered in America then you will receive cease and desist letters from the corporation or their lawyers. Strangely enough, when your domain names are registered in the UK, the corporations and their lawyers rarely threaten you with such letters. This is because in the UK, we have a little but important thing called “threat provision”/”groundless threats of infringement proceedings” and therefore the corporations and their lawyers are fully aware of the consequences of their actions.
Corporations do not like the fact that here, in the UK, and in certain other countries, we have the right to practice our human right of freedom of expression without frontiers and they will always try to bully a person into giving up their fundamental human rights and statutory rights. Don't be bullied by these corporations, just know your rights.
IF YOU ARE OPERATING A NON-COMERCIAL CRITICISM WEBSITE AT TRADEMARK.TLD, YOUR RIGHTS ARE:
Providing the domain name is registered through a UK registrar, and the website is hosted within the UK jurisdiction, you will have the protection of the UK and European laws which will protect your fundamental human rights of freedom of expression.
If you are served with a cease and desist letter (and the trademark holder has a UK and/or European Community trademark), and your conscience is clear that you are not profiting from the domain name or website, then all you need to do is send a simple letter back advising the sender to cease and desist from making groundless threats of infringement proceedings, failing which, you will initiate court proceedings against the corporation and the law firm who made the threat for a declaration of non-infringement under Article 92 of COUNCIL REGULATION (EC) No 40/94 of 20 December 1993 on the Community trade mark and Article 21 of the United Kingdom Trade Marks Act 1994. The same applies to a complainant who chooses to initiate UDRP administrative proceedings, which also gives rise to a cause of action against the complainant for the same.
If the corporation initiates a court case against you in America, you do not have to accept that jurisdiction, or any ruling that comes out of that court. Even if the corporation gets a favourable judgement from the court in America, they can not use that judgement to effect transfer of your domain name registered in the UK unless they initiate a new court case in the UK based on the American judgement. If a corporation does use an American court judgement to effect a transfer of your domain name then they have, among other things, induced a breach of contract which means you have another cause of action against the corporation.
I have learned much more than what I have mentioned here, but to put everything out I would have to write a book.
If you do have a question, I'll try to answer it, but it may take some time as I remain very busy defending our rights. In the event that I don't answer certain questions, my apologies, but I'm already expecting some of the questions to come from members of the corporations concerned as they obviously monitor these blogs, and I'm not going to play their silly little games.
In the words of Jason Nesmith (Galaxy Quest) Never give up, never surrender!
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