May 30, 2006

Lawyer with sense of humour: shock, horror, crisis probe

From Marty Schwimmer, I learn of an erudite ruling by the domain arbitration forum in the matter of Morgan Stanley v Meow. This relates to a dispute over a domain name - mymorganstanleyplatinum.com - purportedly registered by a cat. Here's the money quote from the findings:

Respondent maintains that it is a cat, that is, a well-known carnivorous quadruped which has long been domesticated. However, it is equally well-known that the common cat, whose scientific name is Felis domesticus, cannot speak or read or write. Thus, a common cat could not have submitted the Response (or even have registered the disputed domain name). Therefore, either Respondent is a different species of cat, such as the one that stars in the motion picture Cat From Outer Space, or Respondent's assertion regarding its being a cat is incorrect.

If Respondent is in fact a cat from outer space, then it should have so indicated in its reply, in order to avoid unnecessary perplexity by the Panel. Further, it should have explained why a cat from outer space would allow Mr. Woods to use the disputed domain name. In the absence of such an explanation, the Panel must conclude that, if Respondent is a cat from outer space, then it may have something to hide, and this is indicative of bad faith behavior.

On the other hand, if Respondents assertion regarding its being a cat is incorrect, then Respondent has undoubtedly attempted to mislead this Panel and has provided incorrect WHOIS information. Such behavior is indicative of bad faith.

Posted by Johnnie Moore at 16:27 in Miscellaneous (everything is)
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