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Subject: IP: Re: www.nissan.com



>X-Mailer: Novell GroupWise 5.5.2
>Date: Thu, 12 Apr 2001 18:00:20 -0400
>From: "Charles Iseman" <CISEMAN@fcc.gov>
>To: <dave@farber.net>
>
>
>Dave,
>
>Today's Comm Daily reports that a WIPO arbitrator ruled against Rogers 
>Cable in its effort to wrest control of the rogersvideo.com domain name 
>from Dutch erotic video provider Arran Raja Lal.  Lal apparently 
>registered the site in 1994 and uses the business name "Roger's Video" in 
>the Netherlands.
>
>According to the story, the ruling found that the respective business 
>names were used in different jurisdictions and the site name consisted of 
>generic words.  It also reported that the arbitrator stated that Rogers 
>Cable may have fabricated bad-faith evidence and exaggerated the severity 
>of public confusion over the site name - that Rogers Cable was "attempting 
>to characterize the respondent as a cybersquatter, and the making of 
>unsubstantiated allegations in order to attract the operation of the 
>[WIPO] policy, is an entirely inappropriate solution."
>
>So, IMHO, here's an arbitrator that understands intellectual property law 
>and applied it in favor of the underdog.  Maybe, justice can also happen 
>in the Nissan case.  Or maybe I'm just an incurable optimist who wants to 
>believe that justice is, on occasion, attained.
>
>CJ



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