Re: [ga] ICANN benefits

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

Eric and ll remaining assembly members,

Eric Dierker wrote:

> Ah give me a break,
>
> The UDRP does not give any credence to over two hundred years of American and
> before that English Jurisprudence.  The UDRP does not take into account the
> international standard of categories. Sun for one is sun for all, and that is
> worthless.

  That is my point put another way entirely....

>
> The UDRP is a license to Hijack, plain and simple and it is by history a deal with
> the IP group so that they ICANN could get away with deals like Versign without
> debating against the power of the IP lawyers, Why else did they not weigh in
> against it. Does this tie in with the WHOIS violations, you bet it does! Same group
> same quiet.

  Yep.

>
>
> Don't get me wrong I have filed for and gotten trademarks but this is different.
> If someone wants to debate, protection for the purpose of promoting
> entreprenueralism, I am good to go but this is not the case.  It creates the exact
> opposite.

  Agreed here as well...

>
>
> Jeff Williams wrote:
>
> > 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.
> >
> > >
> > > --
> > > This message was passed to you via the ga@dnso.org list.
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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

--
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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