I don't think TM owners are asking that the DNS be re-engineered. They
are asking that if gTLDs are to be added (which I don't think should be
classified as re-engineering) that those who seek to own and operate these
new ventures be respectful of other people's pre-existing rights. These
rights have been created and are protected under national trademark and
unfair competition laws and various international treaties. Mueller made
the ipse dixit claim that such rights don't exist. He may not like that
they exist and he is entitled to his opinion, although he masquerades his
personal opinions as pronouncements on the law. He is wrong about the law.
So the topic at issue here is whether the domain name registration system
should be expanded without recognition of the legal rights of others - or
perhaps there can be some reasonable compromise.
At 09:39 AM 2/22/99 -0500, you wrote:
>My reply is simple: if the courts are deciding it, I have opinions on how
it ought
>to be decided, but for the moment I am not worried about it. The topic at
issue
>here is whether the domain name registration system should be
re-engineered to
>make it easier for Pizza Hut to challenge the registration before any use
is made
>of it.
>--MM
>
>Martin B. Schwimmer wrote:
>
>> If Mueller wants to reply, he better come with cases a Namibian court would
>> consider (and calling the One In A Million tribunal ignorant isn't normally
>> effective means of distinguishing effective precedent.
>
>
>
>
>
