Bill Lovell wrote:
>
> At 04:37 PM 8/11/99 -0700, you wrote:
> >
> >> Willie Brown possibly has superior rights to williebrown.com,
> >> williebrownjr.com and damayor.com vis a vis Andy Hasse because Mr. Hasse
> >> appears to have obtained domain names likely to be associated with Willie
> >> Brown, the mayor of San Francisco, possibly in a way calculated to harm
> >> Mayor Brown (Mr Hasse's employment by Mayor Brown's rival is relevant to
> >> this analysis). Possible theories include rights of publicity, common law
> >> trademark, false advertising, interference with prospective advantage, and
> >> unfair competition
> >
> >In other words, Mayor Brown has lots of rights under existing law to go
> >after the other person. He needs no assistance from anything new in the
> >domain name space, existing law provides more than adequate protection.
> >
> >So if Willy can demonstrate under existing laws that there is a violation
> >to his right of publicity, common law trademark, that the other use is
> >false advertising or interferes with a prospective advantage, or is unfair
> >competion, then fine.
> >
> >It appears that we need not add any special new rules in the domain name
> >arena to deal with this situation.
> >
> > --karl--
> >
>
> I'll go along with that, and then some.
>
> Bill Lovell
No argument from me. I've been trying to convince INTA for years
(obviously with very limited success <G>). Someone please tell WIPO
so we can all move on to something else?
--
Dan Steinberg
SYNTHESIS:Law & Technology
35, du Ravin
Box 532, RR1 phone: (613) 794-5356
Chelsea, Quebec fax: (819) 827-4398
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