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beautiful UDRP language

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GeorgeK

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http://arbiter.wipo.int/domains/decisions/html/2005/d2005-0410.html

contained some beautiful writing by the panelist. In particular:

"With perhaps rare exception, every business asset is for sale at some price. Southwest Airlines is for sale at some price. The fact that Respondent on repeated inquiry could be induced to say, “There is some price at which I would sell this domain name” shows nothing more than that Respondent is an ordinary businessperson. Taken in the context of the correspondence between Complainant’s agent and Respondent, the evidence shows that Respondent registered the disputed domain name to use in connection with its apparel business, and not for the purpose of selling it to Complainant (or a third party)."

Worth saving and citing if one ever must defend a UDRP.
 

namewaiter

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GeorgeK said:
Worth saving and citing if one ever must defend a UDRP.


absolutely ... thanks for the info.
 

Theo

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Apparently the panelist had watched "Devil's Advocate".
 

seeker

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Thanks for the link George, that was a good one.
however what are the chances another panelist would think the same way???
 

Steen

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seeker said:
Thanks for the link George, that was a good one.
however what are the chances another panelist would think the same way???
Doesn't meen you can't draw reference to it in the future.
 

Focus

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When suspect people email me for a price or to sell a "questionable" domain I respond with my phone number and ask them to call me to discuss anything they want about it..and then when they are on the phone I say "call me crazy but you are'nt on a recorded line are you?" (they would have to advise you if they were or it's garbage).....call me paranoid but no UDRP's on me yet and no domains taken away..if we agree on a price, then they send me payment by paypal to "justify my time and registration fees to possess the domain", really simple, if they can't do it my way in those cases then they most likely had either bad intentions of entrapment for domain name take-away or no real purchase intentions to begin with...of course this has happened 3 times ever to me personally, but just something to keep in mind. When Porsche Cars USA sent me a letter about a domain I own, they never got a response in writing from me and thats the last I ever heard from them, my call was never returned...so much for that..phones work wonders...remember that.
 
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