A "Best Decision of the Day", perhaps?

[IAmAllanShore]

So my "worst" of the day brings out the advocatus diaboli in everyone, how about the "best" decision of the day?

Of course, the first one has to be a JBH at NAF: Zero.us

http://domains.adrforum.com/domains/decisions/938180.htm


And now that I've sucked you in, here's a mirror of the first, but this one is the "worst" rather than the "best!"

http://domains.adrforum.com/domains/decisions/938092.htm

-Allan :gl:

 

[Ronald Regging]

yeah that last one was pretty lame. No response should not mean a default loss... So, its guilty until proven innocent I guess? The burden of proof should fall squarely on the COmplaintant, and the fact of the case should be weighed by the panelists irregardless of a response... This is just laziness on the panelists part...

But, I guess the lesson here is even if you dont have a lawyer, respond, to at least refute the claims

 

[Dave_Z]

The disputed domain name resolves to no substantive content.

No doubt proponents of "domain name should be used" would love that.

This was actually discussed in DomainState:

http://domainstate.com/showthread.php3?s=&threadid=76547&perpage=15&highlight=zero.org&pagenumber=3

Supposedly the respondent (Parisa) didn't dispute it because she doesn't have
the money to go through the whole thing. Pretty understandable, even though
it really doesn't cost a dime to reply to the whole thing.

For once, I agree with you, Allan. :D

 

[DNQuest.com]

What the hay... I'll agree too :lol:

The sad part is Pirelli will use the .org as proof they are entitled to the name zero for future disputes, because after all, they did win.

 

[IAmAllanShore]

For once, I agree with you, Allan. :D

:hearts:

See my comments on Kevin Ham elsewhere, you might agree with them as well

-Allan :gl:

 

[labrocca]

What the hay... I'll agree too :lol:

The sad part is Pirelli will use the .org as proof they are entitled to the name zero for future disputes, because after all, they did win.

Yeah that can be a problem but hopefully the panel will see the truth of it. I can't disagree though that anyone not willing to defend their position deserves to keep the name. It's sad but it does appear that non-response is basically gonna lose you the domain no matter what the domain is.

 

[DNQuest.com]

Labrocca, you didn't say you agree... or is us agreeing getting old?? :lol: We haven't had a good arguement in a real long time, welcome to the darkside :lol:

At least in UDRPs, they still go through the procedures and there have been cases where the complainant lost. In real courts, you don't show, it is over in 1 minute... [bang, bang] verdict for the complainant.

 

[labrocca]

or is us agreeing getting old??

You are too smart of a guy to argue with.

UDRP just seems like it's ready for a bit of an overhaul. ICANN..hello...ICANN..

 

[DNQuest.com]

(prints a copy and pins it up on the wall)

 

[jberryhill]

At least in UDRPs, they still go through the procedures and there have been cases where the complainant lost. In real courts, you don't show, it is over in 1 minute... [bang, bang] verdict for the complainant.

That's what a lot of folks don't get when they say the UDRP is "unfair". There are some very slanted aspects of the UDRP, but it's a lot better than being sued in some court on the other side of the country, or planet.

That decision above was part of the late-April hat trick:


http://domains.adrforum.com/domains/decisions/944807.htm

(“Respondent”), represented by John Berryhill, 4 West Front Street, Media, PA 19063.[...]
A timely Response was received and determined to be complete on April 24, 2007.

http://domains.adrforum.com/domains/decisions/938180.htm

(“Respondent”), represented by John Berryhill, 4 West Front Street, Media, PA 19063.[...]
A Response was received on April 12, 2007.
[...]
Respondent’s Additional Submission, including payment, was received on April 23, 2007 and was deemed by the Forum to be timely.

http://domains.adrforum.com/domains/decisions/948593.htm

(“Respondent”), represented by John Berryhill, 4 West Front Street, Media, PA 19063.[...]
A timely Response was received and determined to be complete on April 30, 2007.