[wplug] DNS law?

[Pat Barron]

As someone else pointed out, this all falls under the UDRP, which you 
can find here:

http://www.icann.org/en/udrp/udrp-policy-24oct99.htm

If you don't respond to their C&D, their next step (at least, one of 
their next steps) will probably be to file a UDRP complaint.

Based on the circumstances you described, and UDRP precedent, if they 
file a complaint and it gets to an administrative proceeding, you would 
probably lose.  You can look at past decisions in such matters here:

http://www.wipo.int/amc/en/domains/decisionsx/index.html

If an administrative proceeding determines that the airline's complaint 
against you is valid, the domain will be transferred to them.  There is 
no obligation on the part of the airline, the registrar, or anyone else, 
to reimburse you for your registration fees, or any other expenses 
related to losing the domain name.

The issue of defamation is a separate one, and yes, truth is an absolute 
defense against such a claim.  But you really ought to talk to an 
attorney about that one, particularly if they seem to be making noises 
that they truly intend to pursue some kind of legal action.

--Pat.


Douglas Green wrote:
> Hi Group-
>
> I understand that I'm not consulting an attorney by addressing your  
> guys, and that your opinions don't constitute legal advice, etc.  
> Nevertheless, many of you are pretty well informed regarding internet  
> and The Law. Besides that, you're all pretty sharp.
>
> Some weeks ago I had a horrible customer experience with an airline.  
> My issues were completely ignored by customer service, who actually  
> didn't return email or phone calls. My final step was to register a  
> domain name and put up a website, documenting the problems I've  
> experienced with this airline.
>
> The airline owns "theirname".com.mx, but does not own "theirname".com,  
> which is owned by some other travel-related company. I was able to  
> purchase "theirname".us, just in time for them announcing US flight  
> servce (previously, they only operated within Mexico).
>
> Today I got a cease/desist letter from a legal firm out of New York  
> stating that my website is defamatory, and that I must immediately  
> remove the website content AND give the airline company the Domain  
> Name!!!
>
> It's this second point that I'm asking your opinions on- If I own  
> airline.us, do I have to hand over the DNS to airline.com.mx who  
> apparently failed to secure the top domain space despite their  
> "tradename"? As far as the content being defamatory, AFIK if it's True  
> then it ain't Slander!
>
> Thanks for your (non-legally binding) input! ;)
> -Doug
>
> PS- For the morbidly curious: www.volaris.us
> _______________________________________________
> wplug mailing list
> wplug at wplug.org
> http://www.wplug.org/mailman/listinfo/wplug
>