IP: Re: www.nissan.com

[David Farber <dave () farber net>]

> X-Mailer: Novell GroupWise 5.5.2
> Date: Thu, 12 Apr 2001 18:00:20 -0400
> From: "Charles Iseman" <CISEMAN () fcc gov>
> To: <dave () farber net>
>
>
> Dave,
>
> Today's Comm Daily reports that a WIPO arbitrator ruled against Rogers 
> Cable in its effort to wrest control of the rogersvideo.com domain name 
> from Dutch erotic video provider Arran Raja Lal.  Lal apparently 
> registered the site in 1994 and uses the business name "Roger's Video" in 
> the Netherlands.
>
> According to the story, the ruling found that the respective business 
> names were used in different jurisdictions and the site name consisted of 
> generic words.  It also reported that the arbitrator stated that Rogers 
> Cable may have fabricated bad-faith evidence and exaggerated the severity 
> of public confusion over the site name - that Rogers Cable was "attempting 
> to characterize the respondent as a cybersquatter, and the making of 
> unsubstantiated allegations in order to attract the operation of the 
> [WIPO] policy, is an entirely inappropriate solution."
>
> So, IMHO, here's an arbitrator that understands intellectual property law 
> and applied it in favor of the underdog.  Maybe, justice can also happen 
> in the Nissan case.  Or maybe I'm just an incurable optimist who wants to 
> believe that justice is, on occasion, attained.
>
> CJ



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