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RE: [ga] New TLD Agreements


Actually, I think you are mistaken about the assumption that legitimate
businesses wouldnt' go to court to protect their trademarks.  They have no
choice but to protect their trademarks from infringement, misuse, etc. 

I think that you would find that legitimate businesses would indeed have
taken many, if not all, of these cases to court.  The UDRP was devised, and
provides a low cost ability for someone engaged in a dispute, on either
side, to use a more cost effective, and shorter route to a decision.  Legal
redress remains an option, should either party be dissatisfied with the
outcome.


-----Original Message-----
From: Kent Crispin [mailto:kent@songbird.com]
Sent: Thursday, March 01, 2001 12:58 AM
To: ga@dnso.org
Subject: Re: [ga] New TLD Agreements


On Wed, Feb 28, 2001 at 06:36:04PM -0800, William X. Walsh wrote:
> Hello Michael,
> 
> Wednesday, February 28, 2001, 6:29:29 PM, Michael F. McNulty wrote:
> 
> > The UDRP has saved legitimate businessess many, many
> > millions of dollars in legal fees.  ICANN has justified itself
> > by this mechanism alone.
> 
> Yes, it saved them much in legal fees to win cases that they would
> never have won had they gone to court.

It has saved the *defendants* millions of dollars in legal fees.

> They've enabled businesses to reverse hijack and seize domain names
> that they would have absolutely NO right to under the law.
> 
> ICANN has done more damage to its credibility with the UDRP than with
> any single other act.

Nope.  Quite the reverse.  You are deceived.  People who busy themselves
on these email lists are not a representative sample. 

-- 
Kent Crispin                               "Be good, and you will be
kent@songbird.com                           lonesome." -- Mark Twain
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