1. On the Internet, No-one Knows You're a … Cat! Absurdity and the UDRP David HELLAM GA ČR 13-02203 S

2. 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

3. 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...

4. 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

5. 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

6. 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

7. 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

8. 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

9. 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

10. 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

11. DH: On the Internet, no-one knows you're a... CAT! It's for the Kids Googlee Bear [9]  In 2003 googleemail.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

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

13. 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

14. 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

15. 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]

16. DH: On the Internet, no-one knows you're a... CAT! Bibliography [1] http://www.wipo.int/amc/en/center/faq/domains.html [2] http://www.wipo.int/amc/en/domains/fees/index.html [3] http://www.wipo.int/amc/en/domains/guide/#b2 [4] http://www.wipo.int/amc/en/center/faq/domains.html#10 [5] http://www.wipo.int/amc/en/domains/guide/#d9 [6] http://www.wipo.int/export/sites/www/amc/en/docs/complaint-lock- eudrp.doc [7] http://www.wipo.int/amc/en/domains/complainant/ [8] http://www.wipo.int/amc/en/domains/decisions/html/2000/d2000-0308.html [9] http://www.adrforum.com/domaindecisions/232960.htm [10] https://en.wikiquote.org/wiki/Monsters,_Inc. [11] http://www.adrforum.com/domaindecisions/671304.htm [12] http://www.wipo.int/amc/en/domains/decisions/html/2003/d2003-0250.html