Interestingly, as it relates to the jurisdiction, the issue of costs for an
appeal of a UDRP decision becomes relevant. In Canada, as in every other
common law jurisdiction in the world EXCEPT the United States costs are
awarded "in the cause". In other words, loser pays. The US is the only
common law jurisdiction in the world where each side bears there own costs.
In circumstances such as Loren's below this additional cost burden would
act as a a discincentive for a frivolous appeal to the courts which would
not exist in the US.
Many years ago this rule was established in the US on the basis that it did
not preclude the common man (or woman, although in those days no women went
to court) from furthering their case before the courts. Today it serves to
remove the disincentive for frivolous lawsuits that exists everywhere else.
This is the single biggest reason that the US is the most litigous society
in the world, and why you see all the personal injury, corporate liability
and shareholder class action suits that you do.
Way to go Loren. This body of law is developing everyday and I suspect as
more and more decisions are rendered we will see the pendulum swing back
towards legitimate users and away from trademark holders looking to simply
broaden their turf.
Regards
At 08:38 AM 3/16/01 -0500, Chuck Hatcher wrote:
>Loren,
>
>I just read the WIPO decision for goldline.com
>(http://arbiter.wipo.int/domains/decisions/html/2000/d2000-1151.html). It
>looks like you did an outstanding job making your case to the panel. It's
>nice to see a UDRP action decided fairly. I just wish the panels had the
>authority to force complainants to pay the costs incurred by successful
>respondents.
>
>Regards,
>Chuck Hatcher
>
>----- Original Message -----
>From: "Loren Stocker" <[EMAIL PROTECTED]>
>To: "easygoing" <[EMAIL PROTECTED]>; "Loren Stocker" <[EMAIL PROTECTED]>;
><[EMAIL PROTECTED]>; <[EMAIL PROTECTED]>
>Sent: Friday, March 16, 2001 1:17 AM
>Subject: Re: [RE: [Cyber-Squatting??? HU?]]
>
>
>> Dear Easy
>>
>> I meant cyber-squatting.... It's just that I've be a victim of a "reverse
>> domain hijacking," so the word just poped out (If anyone's interested, see
>> www.goldline.com").
>>
>
>
=======================================================================
Elliot Noss mailto:[EMAIL PROTECTED]
TUCOWS Inc. http://www.tucows.com
96 Mowat Avenue
Toronto, Ontario
M6K 3M1
phone: (416) 538-5494
fax: (416) 531-5584
