[Forwarded with permission. The Subject: line of my previous message (http://www.politechbot.com/p-02890.html) may have been a little hasty. The appeals court sent the case back to the district court, which conceivably could still rule in favor of the soccer team. --DBM] --- From: "j d sallen" <jdsallenat_private> To: "Declan McCullagh" <declanat_private> References: <5.1.0.14.0.20011206102742.02328180at_private> Subject: Re: U.S. appeals ct: Bible-quoting Corinthians.com owner keeps domain Date: Thu, 6 Dec 2001 12:04:32 -0500 Declan, An enormous THANK YOU for the support and coverage you have provided throughout this contretemps. There were many even among those claiming to champion the cause of an Internet-for-the-common-person who bought the WIPO rhetoric and decided this was simply another case of 'cybersquatting' Without the attention from news sources such as yours this case almost certainly would have just become one more notch in the belt of the racketeering corporations and law firms who conspire to bully, and steal from, the little guy. My hope is that this one-sided decision (which also covers my domain cruzeiro.com, pirated by another soccer team in Brazil) paves the way for penalties for, in the court's words, "overreaching trademark owners," and mercenary lawyers (in this case Gottlieb, Rackman & Reisman in cahoots with Hutchins, Wheeler & Ditmar), who use flagrant intimidation tactics and frivolous law suits to abscond with private property. If such penalties existed "Cybersquatting," which today is accurately defined as 'anyone who ownes any domain coveted by a corporation," would "mysteriously" disappear overnight. This imbroglio is not over, of course, and I will keep you conversant. For now, however, it will be sweet to watch the soccer promo site fall - hopefully for good. Warm Regards, jdsallen ----- Original Message ----- From: "Declan McCullagh" <declanat_private> To: <politechat_private> Cc: <jdsallenat_private> Sent: Thursday, December 06, 2001 10:32 AM Subject: U.S. appeals ct: Bible-quoting Corinthians.com owner keeps domain > Previous message: > > "Is nothing sacred? Brazilian soccer team wants Bible domain" > http://www.politechbot.com/p-01257.html > > "Corinthians.com bible-quoting owner loses to Brazil soccer team" > http://www.politechbot.com/p-01285.html > > --- > > http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=01-1197.01A > > LYNCH, Circuit Judge. This case raises important issues > about the relationship between the Anticybersquatting Consumer > Protection Act ("ACPA") and the World Intellectual Property > Organization ("WIPO") dispute resolution procedures under the Uniform > Domain Name Dispute Resolution Policy ("UDRP"). This is a dispute > between Jay D. Sallen, a resident of Brookline, Massachusetts, and > Corinthians Licenciamentos LTDA ("CL"), a Brazilian corporation, over > Sallen's registration and use of the domain name corinthians.com. We > are asked to determine whether Sallen, a domain name registrant who has > lost the use of a domain name in a WIPO dispute resolution proceeding > that declared him a cybersquatter under the UDRP, may bring an action > in federal court seeking (1) a declaration that he is not in violation > of the ACPA; (2) a declaration that he is not required to transfer the > domain name to CL; and (3) such relief as necessary to effectuate these > ends.(1) The district court held that federal courts lack jurisdiction > over such claims. For the reasons that follow, we reverse the district > court and hold that there is federal jurisdiction over such claims. > [...] > ------------------------------------------------------------------------- POLITECH -- Declan McCullagh's politics and technology mailing list You may redistribute this message freely if you include this notice. Declan McCullagh's photographs are at http://www.mccullagh.org/ To subscribe to Politech: http://www.politechbot.com/info/subscribe.html This message is archived at http://www.politechbot.com/ -------------------------------------------------------------------------
This archive was generated by hypermail 2b30 : Thu Dec 06 2001 - 13:43:42 PST