Joop Teernstra wrote:
> Agree 100%.
> Perhaps the word is used as an opening shot. The TM lobby will bargain to
> drop it , if the substance of the "tresspass" on Domain Name Rights can be
> sustained.
One problem here is that the longer and more carefully one examines the claims
of TM interests of abuse, the more one finds that there is very little
"counterfeiting" and "infringement" going on. Almost everything they complain
about are activities unique to the Internet that are on some kind of strange
legal boundary: Name speculation constitutes the vast majority of their
complaints; typo domain names is another example. It is very difficult to make
a credible case that typo domains is counterfeiting. It is even harder to show
that such activities have a meaningful economic impact on their alleged
victims. There are even legal precedents from the telephone world (phone
numbers one digit away from famous 800 numbers) that do not uphold the TM
owners conviction that such things are so obviously wrong they must be stopped
without a trial. When real fraud occurs, such as the famous "callATT" case in
which fake credit cards were allegedly being sold, the perpetrator gets
identified and shut down so fast its hard to see why any special regulatory
issues pertaining to domain names are raised.
--MM
> Joop Teernstra
> [EMAIL PROTECTED]
> http://www.imachination.com
>
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