Uniform Domain Name Dispute Reslution Policy

["George Wowk" <WOWKG@bennettjones.ca>]

Dear Sir,

It is my opinion that the Dispute Resolution Policy does not provide any basis on which a Panel can make a decision and may, therefore, be in breach of the requirements of natural justice.

The way it is drafted a decision can be made on any arbitrary basis.

I have reviewed the Uniform Domain Name Dispute Resolution Policy and the associated Rules.  I was unable to find anywhere in the Policy or Rules the basis on which a Panel may use the information required of the Complainant and the Registrant in the making of its decision except only to the extent that the information is applicable to the "rules and principles of law".  Nothing in the Policy or Rules provides any other basis on which the information can be used.  If that is the case then most of the information is irrelevant and what is otherwise relevant information has not been requested.  "ie the requirements of trademark infringements."  Further, it is not clear that the "rules and principles of law" permit the cancellation or transfer of a domain name even in the case of trademark infringement.

In other words, I expected to find a provision such as the following:

"The Panel may order a domain name transferred if it finds the Complainant has made out the requirements of item 4(a) of the Policy and the Registrant has not proven a legitimate interest in the domain name as set out in 4(c) of the Policy"

Let me know if you have any questions or would like any further information.

Kind regards,


George A. Wowk
Bennett Jones
4500 855 2nd Street SW
Calgary, Alberta T2P 4K7 Canada
phone: (403) 298 2076
fax:      (403) 265 7219
email: wowkg@bennettjones.ca
http://www.bennettjones.ca

The information transmitted is intended only for the addressee and may contain confidential, proprietary and/or privileged material.  Any unauthorized review, distribution or other use of or the taking of any action in reliance upon this information is prohibited.  If you received this in error, please contact the sender and delete or destroy this message and any copies.




-------------------------------------------------------------------------------------------------
The information transmitted is intended only for the addressee and may contain confidential, proprietary and/or privileged material.  Any unauthorized review, distribution or other use of or the taking of any action in reliance upon this information is prohibited.  If you received this in error, please contact the sender and delete or destroy this message and any copies.