Re: [ga] ICANN benefits

[Sandy Harris <sandy@storm.ca>]

Dave Crocker wrote:

> The law in most countries "institutionalizes trademark favortism".  It has
> done that rather longer than ICANN has been around...

However, it also protects multiple uses of a trademark. Sun Microsystems,
Sun Oil, the Sun and Surf Resort, ... and provides procedural safeguards
for the rights of the alleged violator.
 
> If you mean that the UDRP provides ADDITIONAL benefits to trademark
> holders, well, that becomes a finer point of debate.

It isn't entirely clear to me what the URDP was designed to accomplish, but
it seems cleat that in practice at least some decisions (bodacioustatas leaps
to mind) gave benefits to trademark owners that go way beyong anything they'd
be legally entitled to in any juritiction I know of.
 
> As has been noted frequently, the UDRP needs enhancement.  But let's not
> attribute more precedent to it or ICANN than is valid.

Specifically, it needs better protection for the domain holders who are
attacked using it.
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