Domain Name Registration Related News
FRANCE'S 3RD TV CHANNEL LOSES THE SAME DISPUTE
30th May, 2003
Our French readers may wish from time to time to consult the program listings of their favourite French television station using its Web site. Nothing more normal, you would think. TF1.com, for example. Or perhaps France3.com? But, says our correspondent Jean-Bernard Condat of chrystol.com, you might not get what you expect at the latter address; more likely you will find yourself viewing Korean pornography.
So what is the history of this strange state of affairs? Our correspondent reports that when the inevitable shock subsided at premier French broadcaster France Tlvisions group, the operator of no less than three French TV channels, France 2, France 3, and TV5, the company attacked the problem with both hands by taking court action against the Korean owner of the seemingly cybersquatted domain name, one Segwon Kim, in the Tribunal de Grande Instance, Nanterre.
Back in May 2001, the French court's decision was to order the registrar of the domain name, also based in Korea, to transfer the domain name to France 3. But in a subsequent court action in Korea, conducted in France 3's absence, a Korean judge was persuaded to overrule the French order.
As an aside to the story, regular domain name watchers will be aware that in .com proceedings only a US court can truly trump a Korean one (mainly because the .com registry is subject to US jurisdiction). So the Korean decision stood unchallenged.
Although one might have thought that France 3 would have opted for the Uniform Domain Name Dispute Resolution Policy (UDRP) before court action, they proceeded to file a UDRP complaint before the World Intellectual Property Organization (WIPO) after hearing of the Korean court's decision. A single WIPO panelist refused to transfer the domain name (decision in Korean only).
Details at: http://www.demys.net/news/2003/05/30_fr.htm