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Re: [discuss] Notes - Names Council Meeting, San Jose - 062599




On 28 June 1999, Kent Crispin <kent@songbird.com> wrote:

>On Mon, Jun 28, 1999 at 01:57:38PM -0700, Cthulhu's Little Helper wrote:
>> 
>> Actually, is it even possible to form a minimal UDR policy that wouldn't
>> basically read as deferring to each country's laws on the matter?
>
>I have a trademark on "songbird" in the area of web hosting etc.  
>Even on my tiny scale I do business worldwide.  How does my tiny 
>business defend its trademark in Singapore?  A uniform DRP is a 
>requirement for new gTLDs.
>
>People overlook the fact that the real beneficiaries of a UDRP are
>small businesses.  Big businesses can afford the legal bills.  Small
>businesses cannot. 


I wasn't disputing the benefits or detriments of one.  I was merely asking
whether it would be possible to formulate one that didn't simply point at
the individual country's laws and say "Abide by this in this country".

If the registrar operates under one country's laws, particularly if that
registrar is in cooperation with that local government, there's nothing
really stopping said registrar or government from saying, "Your rules 
do not apply in our country.  We will abide by our own laws in this
matter."

-- 
 Mark C. Langston