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[comments-wipo] Internet and Law are seperate .
From The Desk Of John Keily.
It is my considered position that DNSO and
ICANN are overstepping the boundaries of what they should be about , if they
consider implementing domain space to "famous" trademarks.Protecting trademarks
is the responsibility of the legal system.Coupling the internet directly to the
legal system by introducing 'protective' domain names is extending the power of
the courts by default.Similarly, by default, it is limiting the operation of the
an individual obtains a "famous" domain name, that is his/her good fortune.If
the legal owner of the product/name requires that domain, then market forces
should dictate the price, if any.However, if the individual who has obtained
that "famous" domain name uses it to denigrate, destroy, deny,mislead, etc then
the trademark owner of the "famous" name can seek redress in the courts.The
legal and internet systems should be distinct and seperate.DNSO and ICANN should
not pre-empt any legal quarralling by instituting a 'protective'
I submit that "famous"
can not be defined in a global context, which is what the internet