Bad Call For Referee Dispute

mcwop writes: "What can be said? One can only hope that this case gets appealed and eReferee wins. People assume that you are safe if a site, which has its name registered first, is in operation. Not only does this decision squash that notion, the name in dispute is not exactly the same. Referee magazine compared to eReferee.com. When will common sense prevail?" Here's the arbitration decision - I don't know of a copy of the court ruling. In many cases, individuals have been the victim of poor decisions rendered by ICANN arbitration panels. This is a case where the arbitration panel appears to have made the right decision, but a Federal judge stepped in and reversed it. Update: 02/16 03:15 PM by J : A quick comment on the nature of arbitration...

I'm frankly surprised we haven't seen more of these cases, and I'll expect to see more in the future. Because arbitration under the UDRP is not binding in the U.S. court system, or any court system that I know of, the loser can always sue the winner. And, in any case of any importance, will.

If GM and Ford have a disagreement about a domain name, do you think the results of an arbitration ruling mean jack to them? Will they meekly accept the results of some international panel and go home?

No, of course not. The loser will file the court case the same day. To them, an arbitration decision means nothing except maybe a rhetorical point for their lawyer to bring up.

Large corporations can never lose an arbitration, they can only win it. It's individuals and small corporations, who don't have the resources for an extended court battle, who stand to lose under the UDRP.

Comments

Strong medecine needed for lawyers. Like arsenic.

[crovira]

The problem stems from the use of words to name things. Referee, eReferee, iReferee, eReferee, iReferee, oReferee.

Naming things is a HARD and expensive problem (see: Coca-Cola Co. & "Ttab," shortened to "Tab.")

However its made almost impossible by lawyers who, lacking common sense and speaking in gibberish, (did you know that the legal definition of "better" is "as good as"?) utterly throw the notion of language as a consually derived means of communication into a cocked hat and have turned it into a revenue producing source of obfustation.

That's why Prince went with TAFKSP and that logo as symbolically representing him. The lawyers couldn't get a handle on it.

That's also why the Canadian government gives all Amerindians band and individual numbers. Their names change according to the lives they have lived and what one may call him or her self may not be what others call him or her.

Re:They sort of have a point

[Roofus]

But their original point does stand. Having two sites Referee.com and eReferee.com is confusing, especially when it comes to things like search engines and so on

Do you ever confuse www.bay.com and www.ebay.com?

Jurisdiction

[Nidhogg]

Is it me or did this judge just pull all of ICANN's teeth with a crowbar?

What do we have here. ICANN came to a decision in arbitration in favor of the Respondent Planet Ref Inc. Referee Enterprises Inc. didn't like the outcome of arbitration so they went whining to a judge who overturned ICANN's decision.

So what kind of precedence does this set? This, in effect, tells anyone who doesn't like ICANN's decisions regarding domain disputes to go ahead and take it to court anyway.

I thought one of the purposes of ICANN was to keep this kind of stuff out of the courts.

Re:Seems fair enough

[jayhawk88]

I don't agree, but you may have a point on the eReferee part. The problem, however, is that this lawsuit is applying to all domains with referee in the name. From the new eReferee (Officiating.com) web site:

A preliminary injunction has been issued which prevents RightSports from using its eReferee.com domain name and logo. The injunction also prevents RightSports from developing websites using other domain names that it owns. In short, RightSports is prohibited from any domain containing the word "Referee."

They also list about 40 other domain names that their partent company, RightSports, owns, that they are now forbidden to use, such as referee101.org, refereebooks.com, vollyballreferee.com, etc.

Now please tell me you honestly believe that each and every one of these sites is, "likely to cause confusion or mistakes or to deceive the public" concerning Referee Magazine. It's a load of BS. And here we have main reason why domain name lawsuits like this are bad. Basically, because of some short-sighted judge, Referee Magazine now owns the word referee, at least as it pertains to the internet.

Think this sort of thing would have been allowed to happen in the magazine publishing world? "Oh, gee, sorry, you can't publish any magazine with 'Referee' in the title in any form, we own that word." Or the television industry? "Nope, sorry, you can't create a TV show called The X-Files, The Rockford Files already owns the word 'Files'."

It's one thing if a company is protecting a brand name in this manner, i.e. Coca Cola or Disney. But referee is a common, public domain word. Referee Magazine didn't invent the word, they don't have any more right to the word then anyone else.

Read the article - scary stuff

[nanojath]

Usually if I dig in these slashdot world gone mad rights articles tends to be a bit more grayscale and ambiguous in the unabridged version. This one gets scarier when you read more. The magazine wants to sue if customers who disagree with the decision boycott the magazine? They want to prevent eReferree from publishing response to the court case? Good God. We're gonna sue you, you're going to take it, and like it, and if your customers (or OUR customers) complain, why, we'll sue you again! Boycott this magazine.