RE: [ga] ICANN benefits

[Dave Crocker <dhc2@dcrocker.net>]

At 02:13 AM 4/9/2001, Dassa wrote:
>|> From: On Behalf Of Dave Crocker
><<SNIP>>
>|> Trademark conflicts were ambiguous and expensive.  In fact, NSI gave
>|> trademark holders much more power than they have in law.  Now we have the
>|> UDRP and things are vastly more straight-forward and vastly cheaper.
>
>The UDRP gives trademark holders much more power than they have in law and
>actually contradicts a lot of legal provisions with regards to trademarks.  It
>is more straight forward and vastly cheaper for trademark holders but
>discriminates against domain registrants, making it more expensive and in some
>cases, impossible to get redress.

1. You <<snipp>>ed my statement acknowledging that the UDRP needs improvement.

2.  You are ignoring that the UDRP is a vast improvement over the NSI policies.

3.  You assertion that the UDRP gives trademark holders "much" more power 
can be debated.  In any event, see #1, above.

4.  You ignore that the UDRP makes the process vastly cheaper for the 
domain holder, as well as the trademark claimant.

5.  You have no statistics to support your claims of unfairness as a 
substantial pattern.

d/


----------
Dave Crocker   <mailto:dcrocker@brandenburg.com>
Brandenburg InternetWorking   <http://www.brandenburg.com>
tel: +1.408.246.8253;   fax: +1.408.273.6464

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