RE: [nc-udrp] gnso.org

["Michael D. Palage" <michael@palage.com>]

Philip,

 

Excellent hypothetical. I would like to add a couple of questions to shed some additional light into your question to John, as I believe this hypothetical is actually a very useful tool for the Task Force to analyze.

 

Under the current UDRP, the claimant would have to establish trademark rights in the mark to prevail in a UDRP proceeding. It is my understanding that the GNSO is not yet in existence, so could you please advise me of any goods and/or services in which the mark GNSO has been used prior to John's domain name registration.

 

In light of several UDRP decisions in which the complainant failed to properly demonstrate rights in the mark, could you please provide any insight into your hypothetical question to John as to who the complaint would be? 

 

Best regards,

 

Mike

 

 

 

 -----Original Message-----
From: owner-nc-udrp@dnso.org [mailto:owner-nc-udrp@dnso.org]On Behalf Of Philip Sheppard
Sent: Wednesday, December 11, 2002 11:14 AM
To: John Berryhill Ph.D. J.D.; nc-udrp@dnso.org
Cc: Bruce Tonkin Regs
Subject: [nc-udrp] gnso.org

Dear Mr. Berryhill,

if the chair of the Names Council were to ask you nicely would you, as the current owner, be willing to transfer ownership of the domain name gnso.org to the appropriate entity to enable use of this domain in place of today's dnso.org?

 

If not would you advise using the UDRP as a mechanism for the GNSO to obtain the name?

 

Philip Sheppard