On the Internet, No-one Knows You're a … Cat! Absurdity and the UDRP David HELLAM GA ČR S

DH: On the Internet, no-one knows you're a... CAT! What is the UDRP? How does the UDRP work? Strategies used to subvert the process Consequences for parties involved

DH: On the Internet, no-one knows you're a... CAT! The First Rule of Domain Registration First come, first served [1] Should not be a legitimate problem … unless two companies have the same generic trademarked name...

DH: On the Internet, no-one knows you're a... CAT! Why the UDRP? Cheaper  From as little as $1500[2] Faster  60 day turnaround [3] Simpler Outcome  Domain transferred to successful complainant/cancelled  Doesn't rule out subequent legal action  No need for additional legislation or international treaties

DH: On the Internet, no-one knows you're a... CAT! What is the UDRP? How does the UDRP work? Strategies used to subvert the process Consequences for parties involved

DH: On the Internet, no-one knows you're a... CAT! Rules for UDRP Complainant has three things to prove: [4]  Domain is identical or confusingly similar to complainant's trademark  Complainant has a legitimate interest in the domain name and Respondent doesn't  Respondent is using it in bad faith Responent has one thing to prove [5]  Prior use in good faith for unrelated goods/services  Is known by that name in business or as individual/organisation  Is a legitimate non-commercial/fair-use for the domain

DH: On the Internet, no-one knows you're a... CAT! Examples of Bad Faith [6] Purchased to sell for profit to trademark holder To deprive the trademark holder of the domain To disrupt the trademark holder's business To gain commercially due to the mark-holder's reputation  passing off  implied endorsement

DH: On the Internet, no-one knows you're a... CAT! The Process Complainant files dispute [7] Complainant pays fee to arbiter Respondent/Registrar are informed Panelist(s) appointed Respondent may pay to extend panel Response filed Decision made by panel Registrar and parties informed of decision

DH: On the Internet, no-one knows you're a... CAT! What is the UDRP? How does the UDRP work? Strategies used to subvert the process Consequences for parties involved

DH: On the Internet, no-one knows you're a... CAT! Change Your Name Mr Oxford University [8]  Doc Seagle registered oxford-university.com  Changed his name to Oxford University  Claimed the website was his personal homepage  UDRP panelist ruled against Seagle

DH: On the Internet, no-one knows you're a... CAT! It's for the Kids Googlee Bear [9]  In 2003 google .com was registered by respondent  Claimed it was set up as a mail service for kids  Claimed that Googlee Bear was a Shrek character  Panelist ordered domain to be transferred to Google  Respondent tried to take Google to small claims court in Canada

DH: On the Internet, no-one knows you're a... CAT! Who is Googlee Bear? [10]

DH: On the Internet, no-one knows you're a... CAT! Claim You're a Cat Morgan Stanley v. Meow [11]  Meow aka Baroness Penelope Cat of Nash DCB registered mymorganstanleyplatinum.com in 2006  Domain name was used to teach a class about companies which do not register obvious domain names  Unlike Queen Victoria, the panelist was amused  Despite the hilarity, the domain was transferred to Morgan Stanley

DH: On the Internet, no-one knows you're a... CAT! What is the UDRP? How does the UDRP work? Strategies used to subvert the process Consequences for parties involved

DH: On the Internet, no-one knows you're a... CAT! What's the worst that can happen? All decisions are published Prior decisions can be used to build precedent  Quoted to illustrate similar principle Prior decisions against parties involved:  Quoted to show a pattern of behaviour [12]

DH: On the Internet, no-one knows you're a... CAT! Bibliography [1] [2] [3] [4] [5] [6] eudrp.doc [7] [8] [9] [10] [11] [12]