Forget about casual deep analysis of a UDRP case, and elaborate defense.
Respondents in such cases served by the WIPO or NAF typically fall in the following categories:
- Elaborate response using the services of a qualified domain attorney
- Attempt at serving a justification, self-represented, or:
- No response at all to the UDRP.
The case that involved the domain garden-of-migros.com is quite funny, as the Swiss Respondent broke new ground with his responses to the Panel.
According to the UDRP, the Respondent never filed a formal response, and is thus in default in this case. However, they sent four emails.
The first one, sent on April 9, was simply:
“Hmmmmmmmhhhhhhhhhhh……….”.
On April 14, the daughter of the Respondent sent an email to the WIPO, asking in German whether registering a domain name was a criminal offense. On April 23, the question was reformulated in English.
Finally, the following letter articulated on the previous “Hmmhhh” note, casting their frustration about the system and its procedures. Here it is, unedited:
“Dear Mrs [WIPO Center]
I have a vision of a new order of the human being or everiwhere organisations in the world, without estoteric or spirituell ideas. Just of an Idea by myself to bring an identity of one to a group, and farther and farther.
The garden is for my the way, the outside and inside of a human nature bring together.
You, [WIPO Center]], are a special person. You feel something of my ideas, and understand anything…….
white behind your timehorizon in your past. You know it best !!!
Its my passion.
We wanted to offer to the Firm Migros, how i met your mother (Sorry, choke) how to be completed, how to be a audentity Firm, really honestfull. The Man/ Woman on the top is the woman in the front, and at lost the client.
A super P.R.-Idea. A Present for this Firm.
Therefore we have registrated the Domain: garden- of-migros.
We have over other 4’000 Domains, included garden-of-facebook, garden-of-google, ………..
I want a new order of this instabile world, and a give all my positive sense.
I never would take this Domain for any ideas, without agreement of for example Migros, but only the registration – and thats the only fact of this shinedesaster – can’t be a fould of me.
Just the registration of a name cant be a fault. If I’ m on the dark side of the moon ( sorry, i can’t better …..) than it will get e consequence of all the firms, who gives the Domain-Names out, whitch are really not allowed.
I see you and I respect you very
Thomas”
Let’s just say it’s not really necessary to state what happened next with the domain, but for the record, we’ll say it didn’t stay with Thomas. 😀
For the full text of the UDRP decision for the domain garden-of-migros.com click here.
