28
Sep/04

Bias in the UDRP


Registrant of GATWICK.COM accuses BAA, operator of Gatwick Airport, of dirty tricks, and accuses of WIPO of bias in selecting UDRP panelists, via The Register.

The complex fact pattern (put forth by one side’s attorney) seems too complex to come to any sort of conclusion but I do have one reaction regarding the accusations of panelist bias.  That is: one does not establish a prima facie case that a UDRP panelist is biased because that panelist finds for the complainant more than for the respondent.  50% is a meaningful benchmark in coin tossing, not litigation. 

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