[IFWP] Re: Speculation [Was Re: Anti-cybersquatting Consumer ProtectionAct]

[Michael Froomkin - U.Miami School of Law]

On Wed, 30 Jun 1999, William X. Walsh wrote (inter alia):

> Professor, you have it wrong here.  The status quo is the legal
> system.

> NSI's policy needs to be scrapped to let the legal systems do the job
> they exist for.

If you are a DN holder in .com, like it or not the status quo is the NSI
policy.  The NSI policy is not illegal.  Just bad.  Yes, it is worse than
no policy (let the legal system do all the work).  But that doesn't make
it illegal.

The legal system makes the NSI contract legal, binding, and effective.  
So which part of the legal "system" are we talking about: just the IP
part?  or the whole "system"?

The WIPO ADR policy (without special rules for famous marks) is a small
number of critical fixes away from being better than the NSI policy.  For
everybody except speculators and cybersquatters.  Without the fixes, it's
a different story: it's very bad for almost everyone.  Even trademark
holders should be worried about the 10-day email rule.  Everyone should
worry about the free speech issue, the ok-to-sell-as-part-of-settlement
issue, and even the need for additional clarity via examples.

-- 
A. Michael Froomkin   |    Professor of Law    |   [EMAIL PROTECTED]
U. Miami School of Law, P.O. Box 248087, Coral Gables, FL 33124 USA
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