[ga-full] resend of: More on Touton, NSI, ICANN, and Cybersquatting? - from Domain Policy list...

[Jeff Williams <jwkckid1@ix.netcom.com>]

Michael and all assembly members,

  I am in complete agreement with you and Ellen here Michael.  But
it appears that the DOC/NTIA/DOJ and ICANN/WIPO are not or
are apparently wishing to change direction legally speaking here, and at
the
same time play the old shell game with registrants to Registrars games
in this regard.  This in and of itself leads to confusion, and seemingly

purposefully so on the part of Jones & Day, a la ICANN.  And confusion
is one of the areas that ICANN was and is supposed to reduce.  Instead
it as aggravated or promoted confusion...

  It would be nice to see the media pick up on this area a little
bit more, with a series of articles...

Michael Breneman wrote:

> Ellen, this seems to be a very well thought out position. I appreciate
it
> being expressed so clearly.
>
> Thanks.
>
> -----Original Message-----
> From: Ellen Rony [mailto:erony@MARIN.K12.CA.US]
> Sent: Thursday, March 23, 2000 11:57 AM
> To: DOMAIN-POLICY@LISTS.INTERNIC.NET
> Subject: Re: [IFWP] Touton, NSI, ICANN, and Cybersquatting
>
> A subscriber named Kristy wrote:
>
> >JUST ANSWER THE DAMN QUESTION ELLEN!!!
> >
> >We are ALL pretty irritated with you:  there is no sense in making
yourself
> >less popular by being a jerk!
>
> S'cuse me, but I don't know who you are and I am not participating on
this
> forum to be in a popularity contest.  I responded to Judith privately,
but
> since you requested a public response in such a gracious and
persuasive
> manner, here it is.
>
> Judith asks a very good question.   I believe evidence of *plans* for
use
> can thwart a bad faith claim, although I do not have the exact text at

> hand.  And plans for use might include parking the domain name while a
hunt
> is on for a good ISP to host it.
>
> That is exactly the situation we have in our local school district.
In
> order to register a domain name for a district-wide portal, two host
> servers are needed.  The school district could not use the servers at
the
> County Office of Education for this purpose.    So the administration
> decided to register and park the name with NSI.  Plans are most
definitely
> underway for the domain name even while it is sitting on NSI's
servers.
>
> IMHO, one could argue that parking provides a bridge of time to going
live.
> But reading the UDRP decisions (you HAVE read them, Kristy, haven't
you) it
> appears that some judges are truly clueless and take as evidence of
use
> SOLELY an active website.
>
> The triumvirate of the TCA/UDRP/Lanham Act appear to be rippled with
> inconsistencies, including issues of use, rights among TMOs of
identical
> marks, and how domain names relate to property.   The
commercialization of
> the Internet brought a new agenda online, which has resulted in an
> increasing cacaphony of complaints about rights.  Those "rights" are
now
> laden with all kinds of baggage, such as this nonsense about "use".
If you
> pay your $35/year for a name merely to wave the certificate in front
of
> friends and relations, and somebody late to the party wants the name
> because he/she has a nexus to it, why should some judge assert that
you are
> not "using it" and thus meet one criterion of a bad faith registrant.
I do
> not advocate hoarding or warehousing of domain names, but the law
doesn't
> specifically address the small percentage of people who are doing
that, so
> much as it makes all registrants who have names that are "confusingly
> similar" (and how far can that description be stretched?) to a
trademerk
> and all registrants who are incubating ideas for online participation
but
> have not yet activated them in a corresponding domain name, legally
> vulnerable in perpetuity.  That's a sucky approach to the problem,
IMHO.
>
>
............................................................................

> Ellen Rony                         ____             The Domain Name
Handbook
> Co-author                      ^..^     )6
http://www.domainhandbook.com
> +1 (415) 435-5010              (oo) -^--                     ISBN
0879305150
> Tiburon, CA                        W   W
erony@marin.k12.ca.us
>            DOT COM is the Pig Latin of the Information Age
>
............................................................................

Regards,


--
Jeffrey A. Williams
Spokesman INEGroup (Over 95k members strong!)
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail jwkckid1@ix.netcom.com
Contact Number:  972-447-1894
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208


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