Clare and all,
First let me say I am finding that I usually enjoy your posts more than
most. (See below for the rest of my comments)
[EMAIL PROTECTED] wrote:
> In summary:
>
> There are differences in trade mark law in different countries (and lawyers
> also have different opinions on points of law).
Yes, as this point has been made time an time again and is really
central to the problems of weighing DN rights/needs/concerns with
Trademark concerns.
>
>
> Milton Mueller's study may (or may not) have been presented fairly -
> depending on your viewpoint. It did not pick up every example of
> "speculation" in the world (it missed a number of UK examples), but it
> could not reasonably have been expected to do otherwise, nor could it do
> more than present what has occurred, and this is a fast changing arena.
>
> Large companies such as MTV (and indeed many small companies) are becoming
> much more aware of the potential of the internet, and want to participate.
> There is endless scope for argument as to whether businesses which trade
> under particular names are mean to individuals, or indeed vice versa. It
> is broadly irrelevant, as ICANN is not going to change either human nature,
> nor the laws of any country (and contrary to a common assumption on this
> list, US law is not the only relevant law).
Agreed. And for these reasons there should be some automated method
by which a DN registrant, when registering a DN should be also at the
same time registering that DN as a TM as well. This would go a long
way in solving these DN vs TM disputes. The problems here are
of course several. Here are what we think, are a few.
1.) There is really no centralized global TM database.
2.) TM law differs greatly from country to country.
3.) Trade agreements that are inclusive of co-recognition of
respective TM legal structures are not always in place.
4.) Many TM legal structure, including the US, have been lagging the
expansion of the Internet demand.
5.) The current DNS system in general is in some need of a general
overhaul as it is now without severely impacting stability. (We have
suggested parallel DNS's - This is however what InternetII is partly
all about ).
>
>
> What is relevant is how to provide a structure for provision of domain
> names that accomodates as far as reasonably possible the reasonable
> interests of all concerned, and which, of course, is technically feasible.
>
> The structure for provision of domain names at this point limits the number
> of individuals (legal or human) who can use a particular name. This leads
> to "speculation" or "piracy", to bullying by some businesses, and
> disappointment to other businesses and individuals.
Yes, and this has been the motivation that has really lead so the heated
arguments, more than anything else.
>
>
> The procedure of NSI and other registries is mechanistic as regards
> recognition of the interests of trade mark owners, and this leads to
> inequities.
Yes an those inequities have been decidedly damaging and one sided.
However this is not NSI's fault entirely.
>
>
> Court actions are very expensive as a method of dispute resolution. There
> will be jurisdiction problems when individuals in different countries have
> interests in the same name. However, many have concerns about mandatory
> arbitration.
Mandatory arbitration is a very bad process in my opinion. Mandatory
mediation on the other hand as an initial way of finding a reasonable
resolution would be more palatable an likely to work better. Mandatory
Arbitration is as costly, if not more so, as using the relevant court
structures.
>
>
> I joined this list hoping to see some answers to these problems, as my
> understanding was that that was what ICANN was supposed to be doing. I
> haven't seen much yet. As my contribution to keeping on point I have
> resolved not to enter into any further irrelevant disputes on points of
> law.
Can't blaim you here. >;)
Kindest Regards,
--
Jeffrey A. Williams
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail [EMAIL PROTECTED]
Contact Number: 972-447-1894
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208
