Re[2]: [ga] Domain names as observed (was Tucows Response to Cochetti Transfer Letter)

["William X. Walsh" <william@userfriendly.com>]

Hello L,

Saturday, July 28, 2001, 12:14:14 AM, L Gallegos wrote:


> Precisely, Sotiris.  Amazon.com is the name of the company and 
> the source of goods and services.  It is not simply an address for a 
> website.  One cannot trademark a domain name just as a domain 
> name.

And without the corresponding domain name, the trademark is valueless.
But the trademark does not confer on one the domain name.  Don't pay
your fees, and you lose it.

A domain name is not property.  Marilyn was correct on that, the
courts have ruled on it even in at least 3 different jurisdictions
(which does not make it binding everywhere, but does make a compelling
precedent for future cases in other jurisdictions).

A domain name has various characteristics which make it similar to
property.  Limes and lemons share many characteristics as
well, yet they are very different fruits.  While it has
characteristics that are similar to ones of "property" the
characteristics that make it a contracted service far out weigh them.

One can maybe argue that while the domain name is not property, the
contract which grants the right to use it (it being the service, in
this case the domain name) may perhaps be considered property of
sorts.


-- 
Best regards,
William X Walsh <william@userfriendly.com>
Userfriendly.com Domains
The most advanced domain lookup tool on the net
DNS Services from $1.65/mo

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