[...] has been the case in previous UDRPs, the complainant pointed to a forum posting to make its case. In a 2002 posting at Domain Name [...]

[...] read Andrew’s post regarding the ISO.mobi WIPO decision and I think people who post domain sales or commentary in [...]

Kidding aside, I will release it anyway to ISO as courtesy call. This will bring good rapport to the domain name industry in the long run.

IMHO.

“4 Paragraph 4(c)(i) provides that a respondent can demonstrate a right or legitimate interest by showing “before any notice to you of the dispute, your use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services”.”

and this novel interpretation by the sole panelist means no one can ever use a term that someone else has used…

“Respondent believes that it may use any “common phrase” or word or letter combination for its domain name so long as the use to which it is put does not compete with that of an owner of a trademark incorporating that phrase. As the Panel has stated, this is not the case generally, and it is particularly not the case when the mark at issue is world famous.”

and…

” If the allure to Respondent of the disputed domain name was the likelihood of numerous visits from users seeking Complainant, that fact would demonstrate bad faith for purposes of the Policy whether the site was used to compete with Complainant, for the Indianapolis Symphony Orchestra,7 for a dating business, or for any other purpose”

Appeal anyone?

An obvious avenue to explore is previous decisions and comments by this panelist.

@fred: BTW litrerally ook at nokia.mobi (just relaunched) and you see a precendent of a truely developed dotMobi site with lmillions of MOBILE targeted finely analysed hits – every single month.

Please also note that a Gartner Group Analyst recently changed their about creating mobile targeted content, in that dotMobi’s http://deviceatlas.com was positively noted as a good tool driving the development forward into the right direction and overcoming what he named “PC legacy imperialism”. He complained that he – using a mobile – is in the majority of users who all suffer from the stubbornness of content creating / transcoder vendors / first generation internet folks who ignorantly insist that everything must have a PC desktop like user experience, just becasue that the only thing THEY started developing for – totally ignoring that this doesn’t at all make sense in so many cases for mobile uses – or for the next one billion of new internet users, who’ll all be mobile ONLY for years before they buy a desktop PC – if they ever buy one at all, ’cause in ten years desktop PCs may rarely even be used any more – instead your home equipment might be shrunk down into I/O ports and screen of the wearable equipment that you carry with you permanently anyway…

All the best !!