FC: UN/WIPO evicts Greenpeace from domain slamming French nuke agency

[Declan McCullagh <declan () well com>]

[Another victory for ICANN's UDRP? Forwarded with permission. --DBM]

**********

Date: Fri, 08 Jun 2001 12:14:59 PDT
From: Yahoo! News <refertofriend () reply yahoo com>
To: declan () well com
Reply-to: apressman () thestandard com
Subject: Yahoo! News Story - Nuke Agency Evicts Greenpeace From Web Site

Aaron Pressman (apressman () thestandard com) has sent you a news article

Personal message:

The most egregious domain name squatting decision yet? There are 4 kinds of 
bad faith in the UDRP and none of them remotely apply.
--Aaron

Nuke Agency Evicts Greenpeace From Web Site
<http://dailynews.yahoo.com/h/nm/20010608/wr/tech_cybersquatting_greenpeace_dc_1.html>http://dailynews.yahoo.com/h/nm/20010608/wr/tech_cybersquatting_greenpeace_dc_1.html 


Friday June 8 12:16 PM ET



Nuke Agency Evicts Greenpeace From Web Site

GENEVA (Reuters) - Nuclear processing agency Cogema has won a 
cybersquatting case against Greenpeace International, having the 
environmentalists evicted from a site bearing the French concern's name.

An arbitrator appointed by the Geneva-based World Intellectual Property 
Organization (WIPO) ruled that the domain name 
``<http://cogema.org>cogema.org'' should be transferred to the French 
agency, Compagnie Generale des Matieres Nucleaires.

Greenpeace registered the name last July, saying it was using the Internet 
for peaceful protest against the nuclear energy business.

[...]


**********

Date: Fri, 08 Jun 2001 15:18:08 -0400
Subject: follow-up on the greenpeace thing i just forwarded to you
From: Aaron Pressman <apressman () thestandard com>
To: Declan McCullagh <Declan () well com>

Here are the 4 bad faith provisions from the UDRP:

Evidence of Registration and Use in Bad Faith. For the purposes of Paragraph
4(a)(iii), the following circumstances, in particular but without
limitation, if found by the Panel to be present, shall be evidence of the
registration and use of a domain name in bad faith:

(i) circumstances indicating that you have registered or you have acquired
the domain name primarily for the purpose of selling, renting, or otherwise
transferring the domain name registration to the complainant who is the
owner of the trademark or service mark or to a competitor of that
complainant, for valuable consideration in excess of your documented
out-of-pocket costs directly related to the domain name; or

(ii) you have registered the domain name in order to prevent the owner of
the trademark or service mark from reflecting the mark in a corresponding
domain name, provided that you have engaged in a pattern of such conduct; or

(iii) you have registered the domain name primarily for the purpose of
disrupting the business of a competitor; or

(iv) by using the domain name, you have intentionally attempted to attract,
for commercial gain, Internet users to your web site or other on-line
location, by creating a likelihood of confusion with the complainant's mark
as to the source, sponsorship, affiliation, or endorsement of your web site
or location or of a product or service on your web site or location.

**********




-------------------------------------------------------------------------
POLITECH -- Declan McCullagh's politics and technology mailing list
You may redistribute this message freely if you include this notice.
To subscribe, visit http://www.politechbot.com/info/subscribe.html
This message is archived at http://www.politechbot.com/
-------------------------------------------------------------------------