Re: [ga] ICANN benefits

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

Sotiris and all remaining assembly members,

Sotiropoulos wrote:

> From: William X. Walsh <william@userfriendly.com>:
> > Bullocks.  The UDRP grants greater rights to trademark holders than
> > the laws of any nation grant them.  There is nothing, NOTHING, about
> > domain names that warrants any higher level of protection for
> > trademarks than exists in any other medium.
>
> William,
>
> I'm with you on this one.  The UDRP has effectively conflated trademarks
> with domain names... something which was never part of ANY trademark
> registration ANYWHERE prior to about 1998 or so...

  Indeed right.  Before 1999, the classifications for TM's did not include
Domain Names.  This was initiated after some of the than ICANN
Interim board requested the DOC/NTIA to help them with in order for
the UDRP to have more impact once it was edicted by the Interim ICANN
Board and handed off to WIPO.  Oh yes, and all BTW without any
consensus of any form from the stakeholder community.  But of course
the than ICANN Interim Board, denies to this day and also refuses
to take any responsibility for as well....  Sound familiar?  Well sure it
does...

  To top this off most of the arbiters are ex-judges, most of which are in
their dodge and have no idea of the culture and history of the Internet.
That the complainant has a distinct advantage over the DN holder being
challenged in that the selection of Arbiters is controlled by the complainant
predominantly.  That "Common Mark" provision as first use in commerce
has not standing with the UDRP, which is a principal in US TM law as well
as most other democratic countries.  And that Jurisdictional concerns
are for the most part not considered....

  This list goes on and on and an earlier post from Russ Smith outlined
nicely some of these... See:
http://www.dnso.org/clubpublic/ga/Arc07/msg00272.html

>  Thereafter, everybody
> and his mother's uncle is suddenly cropping up out of the woodworks claiming
> some kind of "right" to a registered domain based on a trademark that
> nowhere mentions anything about the Internet or domain names... but hey!
> what a bargain! two for the price of one...  Sickening.

 Sickening indeed or to say the least...  Many of our members have likened
this travesty to "Stealing without a gun"....  So I suppose one could look at
this
as a more kinder form of crime in that a gun is not being used in its
committing.

>
>
> Sotiris Sotiropoulos
>         Individual
>
> Sotiris Sotiropoulos
>
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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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