Karl Auerbach wrote:
>
> 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.
>
Probably not in the US, but we surely need the same legislation to apply
worldwide.
I would like to be sure that the willybrown case is treated in the same way
as jacquesdupont or mariorossi or fritzmeier or azizjamal, wherever the
plaintiff, defendant and Registry are located.
And this, to the best of my (low) understanding of legal matters, can be
achieved only via international agreements (WIPO, for instance).
N.B.:I exclude as most unpractical the other option, i.e. forcefully apply
US law worldwide ;>).
Please note that here I am not defending the WIPO proposal as is, I am just
claiming that the only stable solution can come by an international
agreement, and that in this context WIPO seems to me to be the most obvious
body.
Regards
Roberto
