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.
