UNIX.COM -- X/Open WIPO UDRP Complaint

Neo · #1 (**permalink**) 04-08-2002

FYI:

http://arbiter.wipo.int/domains/case...0200-0399.html

unix.com
unix.net
unix.org

... all domains under siege by X/Open ...

PxT · #2 (**permalink**) 04-09-2002

Seems like it should be a pretty open and shut case. I quote from the Uniform Doman Name Dispute Resolution Policy, Section 4c entitled "How to Demonstrate Your Rights to and Legitimate Interests in the Domain Name in Responding to a Complaint":

(emphasis added)

Quote:

Any of the following circumstances, in particular but without limitation, if found by the Panel to be proved based on its evaluation of all evidence presented, shall demonstrate your rights or legitimate interests to the domain name for purposes of Paragraph 4(a)(ii):

(i) before any notice to you of the dispute, your use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or

(ii) you (as an individual, business, or other organization) have been commonly known by the domain name, even if you have acquired no trademark or service mark rights; or

(iii) you are making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue.

I think it should be pretty clear that this site is non-commercial in nature, and does not attempt to mislead consumers into believeing it is any type of "official" Unix site. Do they have a leg to stand on?

Neo · #3 (**permalink**) 04-09-2002

Yes, according to the law they do not have 'a legal leg to stand on'. If the WIPO process is fair and objective, you are right PxT, this site is protected under the law. However, that does not stop X/Open from making life difficult.

Neo · #4 (**permalink**) 04-28-2002

FYI - Legal Representation by: http://www.cph.com/

Anyone with helpful information, advise, or research please email to: unix-wipo-complaint@silkroad.com

Email to the above address will be forwarded to the appropriate attorney.

PxT · #5 (**permalink**) 07-11-2002

According to an article on Slashdot today, unix.org has been ruled a cybersquatter and given to the X/Open group. WIPO decision is here

auswipe · #6 (**permalink**) 07-11-2002

I saw that today on Slashdot and sorry to see that unix.com got hijacked for obvious BS reasons.

From what I read on Slashdot it was only unix.com that has to be handed over. Is this true or is it indeed unix.net, unix.org and unix.com that has to be handed over?

LivinFree · #7 (**permalink**) 07-11-2002

I saw that too...

It was unix.org that's gone now, though. unix.net and unix.com are still operating.
The unix.com case is still pending, though:
http://arbiter.wipo.int/cgi-bin/doma...g&case_id=3737

Lets just hope for the best...

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