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

From: Declan McCullagh (declanat_private)
Date: Fri Jun 08 2001 - 13:49:14 PDT

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