Re: UDRP: The Liabilities for the Corporations and/or their LawyersBrian Hall – Feb 28, 2008 11:39 AM PST
UK ICANN accredited registrars seem to have implemented a way to discourage a new form of pagewaxing. In doing so, they are keeping with the general movement toward providing relief for those improperly subjected to the legal process for expressing views in a non-commercial way. In fact, California has even enacted legislation against Strategic Lawsuits Against Public Participation (SLAPPs). There are even organizations who will assist with Anti-SLAPP activities.
As always, it all boils down to not abusing the legal process, including the UDRP. Cybersquatting attorneys can identify whether or not a corporation, or other entity for that matter, may have trademark rights so as to be able to legitimately file a UDRP. Without trademark rights, a UDRP must fail.
Regardless, with the ever-increasing use of the UDRP process, it is inevitable that abuses of the process will occur. The questions remains, however, whether other registrars will follow the lead of the UK. The should undoubtedly be yes if the UDRP provides yet another means for pagewaxing.
UK ICANN accredited registrars seem to have implemented a way to discourage a new form of pagewaxing. In doing so, they are keeping with the general movement toward providing relief for those improperly subjected to the legal process for expressing views in a non-commercial way. In fact, California has even enacted legislation against Strategic Lawsuits Against Public Participation (SLAPPs). There are even organizations who will assist with Anti-SLAPP activities.
As always, it all boils down to not abusing the legal process, including the UDRP. Cybersquatting attorneys can identify whether or not a corporation, or other entity for that matter, may have trademark rights so as to be able to legitimately file a UDRP. Without trademark rights, a UDRP must fail.
Regardless, with the ever-increasing use of the UDRP process, it is inevitable that abuses of the process will occur. The questions remains, however, whether other registrars will follow the lead of the UK. The should undoubtedly be yes if the UDRP provides yet another means for pagewaxing.