Re: [ga] ICANN benefits

[Jeff Williams <jwkckid1@ix.netcom.com>]

Sandy and all remaining assembly members,

Sandy Harris wrote:

> 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.

  Yes, but a domain name of sun.org or sun.biz is not necessarily violating any
TM's that say Sun Oil or Sun Microsystems may hold, as the class of mark
is the distinction.  Yet, the UDRP would and has differed on this distinction.

>
>
> > 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.

  Well I am a little worried when it comes to Bodacioustatas dot anything
starts leaping, if you know what I mean?  >;)

  None the less, your point is well taken.  Some of us have argued strenuously
that the UDRP is "Extralegal" in its effect and reach.  This has proven to be
well founded in some instances with some cases, as many of us already
are or have become aware of...  Hence it is obvious, and always has been
that the UDRP is a tool for the large IP interests, and those that wish to
take advantage of startup ecommerce companies to steal DN's that are
or were legitimately registered.  It is also relevant that the UDRP, was
not a consensus based decision by the than ICANN BoD in it's present
form.

  Given all this, it is I believe safe to say that the UDRP is definitely NOT
one of ICANN shining accomplishments, in fact that contrary would be
accurate.

>
>
> > 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.

  How very true.

>
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Regards,

--
Jeffrey A. Williams
Spokesman for INEGroup - (Over 118k members strong!)
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail jwkckid1@ix.netcom.com
Contact Number:  972-447-1800 x1894 or 214-244-4827
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208


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