Re: [ga] Re: [ALSC-Forum] Re: [GTLD Registries List] What is the accreditatio...

[Daryl Tempesta <lyradius@yahoo.com>]

REALITY. Trademarks will apply to some domains -
common rights domains are a weak cousin to a
registered TM. 

Phone numbers are more like the TCP/IP number which a
domain points to. So it is not the same at all.

Phone numbers are not covered by trademarks, hense
there is very little cybersquating, heated debate of
ownership, etc.

This very difference is why domains are bought, sold
and used like real property and telephone numbers are
a weak cousin to domains. 

This is the same excuse the courts "gave" domains
their status. Ultimatly though there will be laws to
better define it and the Suprime court will at some
point clarify. I think that corrintheans.com is such a
leading case where a domain is overrulling WTO, in
international body and giving the federal court
jurisdiction. 

Domains are cross, and multi jurisdictional, phone
numbers are by and large fixed by location. This is
another reason  domains will eventuall find a place as
real property. 

seperate the Domain from the  DNS number and the
domain  transends it's origin.

Phone numbers don't equate.

--- JessWest@aol.com wrote:
> In a message dated 12/31/2001 2:31:24 AM Central
> Standard Time, 
> jwkckid1@ix.netcom.com writes:
> 
> 
> > Daryl Tempesta wrote:
> > 
> > > > ICANN should stipulate
> > > > that trademarks only apply on COM NET and BIZ,
> and
> > > > reserve the rest,
> > > > particularly the INFO, for first come, first
> served.
> > 
> 
> BUNK!  Ever heard of common law rights?  Trademarks
> shouldn't apply to an 
> address, and  look in the phone book at the number
> of companies that have 
> "AAA or United" in their name.   The only thing that
> has been accomplished is 
> a blatent abuse of constitutional rights, anti-trust
> laws and trademark laws. 
> 
> 
--- JessWest@aol.com wrote:
> In a message dated 12/31/2001 2:31:24 AM Central
> Standard Time, 
> jwkckid1@ix.netcom.com writes:
> 
> 
> > Daryl Tempesta wrote:
> > 
> > > > ICANN should stipulate
> > > > that trademarks only apply on COM NET and BIZ,
> and
> > > > reserve the rest,
> > > > particularly the INFO, for first come, first
> served.
> > 
> 
> BUNK!  Ever heard of common law rights?  Trademarks
> shouldn't apply to an 
> address, and  look in the phone book at the number
> of companies that have 
> "AAA or United" in their name.   The only thing that
> has been accomplished is 
> a blatent abuse of constitutional rights, anti-trust
> laws and trademark laws. 
> 
> 


=====
Daryl Tempesta
HotDot.com
288 Civic Center Dr
Scotts Valley, 95066
831-239-9656 (c)
831-439-9239 (h)

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