Re[2]: [ga] Domain names as observed (was Tucows Response to Cochet tiTransfer Letter)

["William X. Walsh" <william@userfriendly.com>]

Hello Sotiris,
>> 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.

Wrong.  This is the biggest stretch I've seen on this list so far on
this subject.

The DNS is a naming service.  The defendant was using the service in a
fashion which violated the trademark protections extended to the
plaintiff under the law.  A trademark does not mean that the defendant
"owns" everything that contains their string, there was no theft
involved.

Courts have already ruled on this Sotiris. While those decisions are
not binding in every jurisdiction, they do set strong precedents.

The Harrods case does nothing to advance the concept of domain names
being property.  Not by ANY reasonable stretch.

Get a real attorney to tell me otherwise, one who has actually READ
the case, and has a basis in IP and domain law.

-- 
Best regards,
William X Walsh <william@userfriendly.com>
Userfriendly.com Domains
The most advanced domain lookup tool on the net
DNS Services from $1.65/mo

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