My biggest fear is that after I'm dead, my writings will be referred to as 'confused clutchings.'

Tuesday, June 06, 2006

Morgan Stanley v. Meow

Cat? From Outer Space?

Morgan Stanley sued "Meow" because "Meow" registered the domain name "mymorganstanleyplatinum.com." Here are some details from the decision issued by the National Arbitration Forum:

Respondent alleges that it is a cat (sic: the domestic pet). According to Respondent, it allows Mr. Woods (a human) to use the domain name registration in providing a service... According to Respondent, the registration information is not false; there are an immense number of Domain Names registered by non human beings.

and

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 Respondent's 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.

Summary: If you are a cat from outer space who squats on domains, then you'd better fess up.

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