Panelist Conflict of Intertest

[Deleted member 5660]

I see many of the UDRP panelists are practicing trademark attorneys. I see many who advertise on their web site that they are WIPO panelists. Some even post decisions on their site.

What are the conflict of interest and professional conduct issues when this is done?

 

[draggar]

You think that is the only conflict of interest? Most of our politicians are lawyers. A lot of judges used to be lawyers.

 

[domaingenius]

I have always thought that there could easily be a conflict of interest when lawyers are judging such cases. What a great way to ingratiate yourself with a large company than to rule in their favour. I am sure it goes on a lot both in UDRP and DRS cases .

DG

 

[Theo]

I wonder if they'd claim MoneyCorrupts.com in a WIPO for themselves!

 

[jberryhill]

What are the conflict of interest and professional conduct issues when this is done?

None.

I'll let you in on some shocking secrets....

1. Trademark attorneys tend to know a thing or two about trademark law; and

2. A trademark attorney is just as likely to defend client A against claimed infringement on Monday, and to assert a claim of infringement on behalf of client B on Wednesday.

Whom would you like to decide these cases?

MoneyCorrupts.com

Acro, can you answer me two questions:

1. How much does a WIPO panelist get paid for his/her services in a UDRP proceeding, and

2. How much does a run-of-the-mill attorney charge for his/her time?

 

[Theo]

John, I have no idea how much a WIPO panelist is getting paid; I'd assume it's a small portion of the approximate $1,500 fee. Hourly legal fees tend to be in the $250 - $350 range but I'm sure the range can be extended. Obviously, I am left wondering about the less than obvious kickbacks that might be in place, set aside from an organized corporate industry that aggressively seeks out generic names.

 

[Deleted member 5660]

It is one thing to decide the cases but posting the decisions (where all the decisions are transfers) as part of an advertising campaign is something else. Judges can also be lawyers and take clients but I have never seen them discuss their decisions as a judge in advertising.

 

[jberryhill]

It is one thing to decide the cases but posting the decisions (where all the decisions are transfers) as part of an advertising campaign is something else. Judges can also be lawyers and take clients but I have never seen them discuss their decisions as a judge in advertising.

I have in fact pestered WIPO and NAF in the past about unauthorized use of their marks to suggest endorsement of an attorney's services.

Under most state ethics codes, such advertising might be considered improper, as it may suggest that the attorney is able to engage in undue influence before a tribunal in order to affect the outcome of a prospective client's matter.

Additionally, I have in the past "walked the cat backwards" in which a panelist had decided a case involving a particular issue, within weeks of filing a case on behalf of a client involving the same issue. While not a "structural conflict" in terms of most ethics codes, there is a certain aroma to it.

For those on the board who are studying law - DO pay attention in your ethics class. You might think, "Oh, but I won't be involved in anything unethical." In practice, it turns out that comporting with your state's code of practice is your first duty in all matters.

 

[Deleted member 5660]

I have an interesting story about a panelist that lasted almost 7 years (I no longer have the domain):
--
2001: This is not a set-up letter for an ICANN dispute -- based on what we know, we are not claiming that your have stolen or are squatting on our client's name, although we can't see any reason why you would want this domain name as it doesn't seem to reflect any business you have and just redirects to your *****site. (In fact, I am a panelist for eResolution, see: http://www.eresolution.com/***** and I teach a law course that covers privacy issues, so I enjoyed visiting your *****site.)

Would you be willing to sell this domain name, and if so, at what price?

--
2007 (note that he used a differnt e-mail address at harvard.edu but I tied it to him via his geneaology web page) : I am interested in buying this site to get the domain name. I am planning a business for baby goods and this name is possibly useful. I
have not selected the final business name that I wish -- it depends on
which domain name I am able to buy. What is your price please.
---
2007 after he was sent to my attorney: *** I am actually traveling at present, and so it will be hard for you >to call me. Can I call you? When is a good time. Alternatively, we
>can arrange a time to speak. I don;t want to waste your time if the >price your client is seeking is out of the ballpark.
---
late 2007 he contacted me again after he knew I was represented by an attorney: Confidential communication
I am an attorney specialising in domain name work in Australia.
See:
http://www.wipo.int/*******

I have a client that wishes to negotiate to purchase of ****
Would you please let me know the price.

This email is sent on a "without prejudice" basis and will not be used as evidence in any UDRP case. I have happy for all communications between us to be on this basis, unless otherwise stated.

--

 

[Theo]

Money talks, BS walks.

 

[schepperer]

Its sad someone like Mrs Jaeger-Lenz gets her daily bread from companies (the big ones) like Lufthansa and can call herself an independent panelist.