[Another victory for ICANN's UDRP? Forwarded with permission. --DBM] ********** Date: Fri, 08 Jun 2001 12:14:59 PDT From: Yahoo! News <refertofriendat_private> To: declanat_private Reply-to: apressmanat_private Subject: Yahoo! News Story - Nuke Agency Evicts Greenpeace From Web Site Aaron Pressman (apressmanat_private) 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 <apressmanat_private> To: Declan McCullagh <Declanat_private> 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/ -------------------------------------------------------------------------
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