brandmanagers will go to court instead of alternative dispute mechanisms

In the beginning there was the saying that the internet was not made for the geographical judicial system and that it was too complicated to make an international internet courtsystem.

So with the community thinking and the new world ideology several kinds of alternative dispute mechanisms were set up. (UDR). Also in Belgium.

For brand managers it is clear that they have failed and are doomed in their present form. For several reasons.

They also cost a lot of time and money, even if many of their decisons can - based upon precedents - be automated. If you have decided that any domainname with the name disney in it is a brandname and should have the approval of disney before than any other dispute about the same brandname should take several minutes.

Secondly contrary to the judicial system the UDR dispute mechanism doesn't take their individual decisions to a higher level. If you have taken tens of decisons, than that should be the basis to make new rules that should be integrated in the contracts. As long as it are totally individual decisions you can use an UDR, but after some time you should prevent the same from happening all over again.

Otherwise you are in the stupid situation that the registrar is inserting new domainnames that are totally illegal if one should abide by the decisions of the UDR. And you can't expect brandmanagers to go to the UDR for each repetitive cheap domainname that is nearly exactly the thing they got out of the air the month or even the day before.

This looks a bit like the oil spill....

Thirdly there is no effective punishment that scares the other parties (if their WHOIS is correct and if they are even contactable) and makes the risk more important.

So yes, you should go to court and sue them for everything they have and sue those that have helped them to register, host and make the services and getting paid. They should also know there is a risk.

And yes, this costs money. And yes this will take some time. But after all, it will be LAW. Real LAW.

And as the online world is becoming less the Wild West and every year even more a normal business environment, businesses and people are turning to something they can really trust and that is REAL LAW.

Why am I saying this ? Because I believe that after the trial that Verizon, Yahoo and others won against enom it is clear that the UDR process was flawed from the beginning because it didn't make 'community' law that was used as such and that if the internet is to be trusted one day it will need laws. And as the community model didn't work and didn't produce such laws, the centuries old way of making law will have to start doing so. For better and for worse, but there is no alternative.

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