On 22-Feb-99 Martin B. Schwimmer wrote:
> 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.
NO ONE is saying their rights should not be recognized.
MY honoring the rulings of courts in these matters a registry is doing their
responsibility to both parties by honoring both of their rights.
> 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.
Of course it can be expanded with recognition of the legal rights of others,
by honoring court rulings.
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E-Mail: William X. Walsh <[EMAIL PROTECTED]>
Date: 22-Feb-99
Time: 09:27:11
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"We may well be on our way to a society overrun by hordes
of lawyers, hungry as locusts."
- Chief Justice Warren Burger, US Supreme Court, 1977
