Re: [ga] Domain names as observed (was Tucows Response to Cochetti Transfer Letter)

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

Bill and all assembly members,

  I would partially concur with Bills "Scholarly observation" here!  >;)

To Wit:

"To imply or otherwise claim that any registry has any rights to
a TLD is a difficult position to observe if that registry is staking
a claim to any string of characters that it does not hold a Trademark
on or have been granted rights by the legal trademark holder of
such a string, or otherwise name" -  (Taken form INEGRoups Legal
advisory team with permission).

William S. Lovell wrote:

>    L Gallegos wrote:
>
> > Joop, may I say once again that there are no "property" rights in a
> > domain name itself.  Rights in the use of the name are conferred
> > by the registrar/registrant agreement and that is where a registrant
>
> > should look prior to registering the domain.  However, just because
> > a domain name is not property, per se, it does not mean that there
> > are no rights in it.  Again, those rights are determined by the
> > registration agreement and can differ from registry to registry.
> >
> > Leah
>
> I would have to disagree with this entirely.  To say that "rights in
> the
> use of the name are conferred by the registrar/registrant agreement"
> would imply that the registrar had rights to confer, which it does
> not.
> Rights to the use of the registrar's facilities are what are conferred
> by
> that agreement, without regard to the domain name itself which, if
> created ("conceived," "invented," etc.) by the registrant, could only
> be the intellectual property of that registrant.   I realize, of
> course,
> that these agreements say otherwise, but it is fundamental to the
> law that one cannot convey what one does not own, so any portion
> of any document that pretends to say otherwise would be null and
> void on its face.  Too bad no one has the wherewithal (or the ***)
> to prove that.
>
> IAAL; this is not legal advice but a scholarly observation.
>
> Bill Lovell
>
>
>

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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