RE: [ga] Domain names as observed
At 21:19 29/07/2001 -0700, Roeland Meyer wrote:
> > From: Joop Teernstra [mailto:email@example.com]
> > Sent: Sunday, July 29, 2001 5:27 PM
> > the function of the DNSO GA
> > is exactly to help shaping the law, where there is currently a barely
> > filled vacuum.
>I strongly disagree. Trademark law has been extant for over 300 years. It is
>well developed and fairly substantial.
Give or take a few years :-) , I don't think we disagree on that. I wasn't
talking about TM law. My apologies if I caused a misunderstanding.
I meant to be talking about new legislation that defines the rights and
obligations of Domain Name Holders/Owners in the context of everything they
undertake in Cyberspace.
Vis-a-vis TM holders/owners, vis-a-vis the registrars and registries,
creditors , ISP's, IPP's, and everybody they deal with across borders.
National Laws can only be enforced locally. Natural Justice does
not accept long-arm statutes that would force a DN owner to defend his
rights in a foreign court.
>The UDRP pretends to usurp trademark and intellectual property treaties.
Yes, even when you would ascribe it the best of intentions, that seems to
be the outcome.
Be prepared that the UDRP may end up as a forerunner of a section in a
Domain Name Treaty.
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