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

[Sotiris Sotiropoulos <sotiris@hermesnetwork.com>]

Dassa wrote:

> |> -----Original Message-----
> |> From: Sotiris Sotiropoulos [mailto:sotiris@hermesnetwork.com]
> |> Sent: Sunday, July 29, 2001 6:17 PM
> |> To: dassa@dhs.org
> |> Cc: ga@dnso.org
> |> Subject: Re: [ga] Domain names as observed (was Tucows Response
> |> to Cochet tiTransfer Letter)
> |
> |>
> |> It does no such thing.  In point of fact, it is definitely another
> |> precedent-setting example of courts finding for domains as
> |> PROPERTY... In this particular case, it's just not the property of the
> original
> |> registrant due to their "bad faith" intent.  After all, the article
> states:
>
> Sotiris, think about what you wrote above.  The court took all the domain
> names from the defendant.  How does that qualify this decision as
> supporting the idea that domain names are property.

Someone else proved a more genuine claim by proving the "bad faith" of the
defendant.  Despite what you may wish, or may not wish to say, Harrod's had to
prove what amounts to an identity theft.  It cannot be any more clear.  The
domains were taken from the defendant and AWARDED to Harrod's.  Harrod's was,
in effect, recovering its PROPERTY.  How as it Harrod's property?  By the
association that the original "bad faith" registration was proven to
represent.  It's quite simple actually.

> Can you cite any
> examples where known recognised property can be taken from the owner due to
> some evidence of "bad faith".

In cases of theft (i.e. fraud), which is what trademark law was instituted to
protect.

> The case clearly extends external rights to
> cover the domain names and does not convey any rights on domain names
> themselves.  The same as the UDRP does.

Just re-read this statement for a moment... "external rights"? To what? To
whom? and finally, why?

Sincerely,

Sotiris Sotiropoulos
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