25
Sep/02

There Should Be Some Kind Of An Appellate Review He Said For the Umpteenth Time


Registrant obtained the domain name JUSTDOIT.NET and re-directed it to its own website.  Nike brought a UDRP.  Two of the three panelists held that Nike didn’t make its case.

In my view the error of the majority is that while it concedes that complainant showed it has a strong unique mark and thereby created a presumption of bad faith, and if respondent appears and fails to rebut the presumption, that that is insufficient to establish bad faith.  Instead, we are told that the record is inconclusive.  The complainant has established a presumption of bad faith, and the panel is “troubled” by registrant’s arguments and “suspicious” of its allegations, nevertheless the record doesn’t seem to show bad faith.

The panel needs to get in touch with its feelings.

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