RE: [ga] Re: [ALSC-Forum] Re: [GTLD Registries List] What is the accreditatio...
Hmmm. I never received Jess' original reply, so I'll shamelessly
respond to both here! :)
>First of all,
you cannot apply the law half-assed to where you want it like limiting it to a
few domains and not all!
>Fortunately or
unfortunately, laws come in one-size only.
Not
true. We regularly pass laws to regulate many things, and these laws are
often very arbitrary. ICANN is effectively setting up laws to govern
Internet domain name usage and assignment. My point was that, if the
corporate world wants to beat each other up over trademarks in domains, let's
give them a "sandbox" they can play in (a few designated domain names), then
leave the rest open for first-come, first-served.
>Second of all, it is not the
trademark law, but how the legal system is being abused by WIPO and
ICANN for the
>benefit of a few. The Courts
do recognize the rights of common law and first usage under the trademark
laws.
I
don't disagree with this. In fact, if you've read my posts in this forum
over the past few years, you'll know I have no great love for the UDRP ICANN set
up, simply because it *does* discriminate in favor of trademark holders.
However, the logical assumption is, if we move trademark rights to a sandbox,
UDRP goes with them!
In his
reply to Jess, Eric wrote:
>a. human concern must prevail over commercial concern. >b. Icann, UDRP and WIPO should place individuals
above Industrial concerns.
I
don't necessarily agree with these statements. I'm for a level playing
field. Both trademark holders and individuals should come into the dispute
with a equal status. That is not true under UDRP. As long as a
domain holder is using a domain name he leagally required for legitimate
purposes (which includes flaming or parodying the trademark holder!) they should
prevail if they got there first! A trademark is a poor substitute for lack
of vision: the individual domain name holder should not be penalized solely
because some corporate giant dragged their heels about starting a Web
presence!
>c. We do not need a regulatory body to defend IP
interests, but rather one to defend individual interests.
Actually, we need both. Trademark holders have a reasonable right
to protect their good name. But that right shouldn't extend to "evicting"
an individual from a domain name is the holdr is acting in good faith to
maintain a Web presence and isn't trying to pass themselves off as the trademark
holder!
Bruce Young
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