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":
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?
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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.
I hope someone can help
We's here at work, have a unix box with sco openserver 5 on it, so it has a nice gui interface.. and also a fair few windows computers..
a system admin guy b4 me, has set up a user called neil, which can, when u try to access the unix box using windows... (2 Replies)
Just received word from our attorney.....
UNIX.COM PREVAILS IN X/OPEN WIPO ACTION:
(THE TRUE UNIX USERS OF THE WORLD WIN!!!!)
Click to Download: WIPO Notice of Decision
Click to Download: WIPO Administrative Decision (9 Replies)