Re: [IFWP] Re: DNS internationalization

[William X. Walsh]

>  (1) Generalizations about the nature of "all" TM/DN disputes cannot be
>  accurately made;

Precisely why disputes should not be generalized into a mandatory ADR.  ADR may
be appropriate for SOME, but not for all, and it should remain (as it is now)
the SOLE decision of the parties to the case as to whether to use ADR to
resolve a dispute.
  
>  (2) Every dispute has different facts;
>  
>  (3)  We should design the fairest tribunal possible - leaving civil
>  litgiation as the sole forum will disadvantage both the innocent DN owner
>  and the innocent TM owner and advantage only the avaricious (both TM and DN
>  owners).

No need to design one.  They already exist, and are an option for every set of
parties to a litigation/dispute.  They can be used by the MUTUAL consent of
both parties to set aside their right to a hearing/trial in court and agree to
ADR.


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E-Mail: William X. Walsh <[EMAIL PROTECTED]>
Date: 26-Feb-99
Time: 11:19:34
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