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Tom Rask on the UDRP Process

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Nat Cohen had a fantastic article about the UDRP process on Larry Fischer's blog the other day, and it's a "must read" for anyone that invests in domain names. The article has spawned discussions in private about UDRP defense and prevention, and it has been interesting to learn how other domain owners cope with this potential threat.

I received an email this morning from Tom Rask, of Logical Sites, whose company owns and operates websites on geodomain names including Sunnyvale.com, Sheboygan.com, Kenosha.com, and EurekaSprings.com. Tom offered some unique insight and advice, and with his permission and encouragement, I have posted the contents of his email below.

The basic problems with UDRP process are:


  1. It is a quasi-judicial process, not a judicial process.

  2. There is no accountability for WIPO or for the panelists.

  3. You can assert the fluffiest of common-law TM rights with impunity

  4. There is no monetary compensation for you if the opponent asserts an overly broad scope of use of their TM. They can "give it a whirl", → Read More