How Domain Names AND Trademarks Are Being Juxtaposed -> WRONGLY!

 

One is territorial, and another is universal; yet, when it comes to the UDRP, the effect of Cybersquatting is treated as a universal phenomenon even in the case of the cctld domains, and let’s say for the gtld’s too; knowing the trademarks themselves are territorial. Thus, the juxtaposition complexity and dilemmas!

The Awards can be clerically corrected or amended, not fundamentally. Herein my Theory came into picture where I discussed in my earlier blogs the problems in case of the PCT FERs and the Trademarks’ objections! Therein too at the procedural level, you can’t have two contradictory terms, wherein I opined how ICANN & WIPO could be wrong on their parts in the policies and regulations.

And, coming back to the subject. Is the gtld arbitration correct in the territorial context? Because either at the TRIPS, or, in the UDRP itself, you need to make the amendments. Or, as I theorized in my earlier proposed theories that, let the Registrar at the territorial  level come into the picture, of course not with a Civil Courts power, but, as an administrative preliminary authority, to filter out the domain names at the time of registration only. Thus, the FCFS would turn into an administrative procedural delay for the domain, that would further create a less burden on the Panel Members.

In one of another blog, I’ve proposed that in the age of inevitable De-Globalization, what could be the way forward for the WIPO. Kindly refer to it.

Cybersquatting is somewhat similar to an act of infringement. But infringement arise only at the time of territorial registrations. Without it, what is Cybersquatting then? Passing Off? But could that unregistered may compound into an award in the case of gtld or cctld claiming also the territorial rights, wherein they weren’t even present, just by using term of well-known? And what if it is not? It all comes down the territorial presence! Correct? Then, where the UDRP comes into picture, if there’s no territorial presence, yet, on the internet it is? But the SEO tools can be used to Index the Pages on the websites, or by sponsorships, which I demonstrated how these search engines manipulated, or the AI companies looted; yet became the trillion dollar empires! Thus, is this juxtaposition correct?

Am I missing something? 😊

© Pranav Chaturvedi