Re: [atlarge-discuss] Re: [ga] Interesting WIPO ruling re: NewZealand.biz

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

Chris and all stakeholdersor other interested parties and members,

NameCritic wrote:

> Chris McElroy aka NameCritic
>
> ----- Original Message -----
> From: "Jeff Williams" <jwkckid1@ix.netcom.com>
> To: <rorenday@banxico.org.mx>
> Cc: <ga@dnso.org>; "atlarge discuss list" <atlarge-discuss@lists.fitug.de>;
> "Don Evans" <DEvans@doc.gov>; "cathy Handley" <chandley@ntia.doc.gov>;
> "Nancy J. Victory" <nvictory@ntia.doc.gov>
> Sent: Thursday, October 10, 2002 7:24 PM
> Subject: [atlarge-discuss] Re: [ga] Interesting WIPO ruling re:
> NewZealand.biz
>
> > Rodrigo and all assembly members or other interested parties,
> >
> > Rodrigo Orenday Serrato wrote:
> >
> > > Generics per se cannot be registered as trademarks, at least not under
> > > Mexican, French nor German trademark law, in their present state.
> >
> >   That may be true for those countries.  It is not true in the US and
> Canada
> > for instance.  Hence this is a jurisdictional issue, not a global one.
> Hence
> > this argument is not sufficiently binding or even persuasive...
> >
> > > There is
> > > an IP specialist here who declared to the press that he beleives that we
> > > should forget about domain names altogether and go back to IP addresses,
> but
> > > I don't agree with that.
> >
> >   Well some IP specialists, are kooks.  Whomever this one is, would
> qualify
> > as such.  Hence, I usually discount those sorts of ideas accordingly.
>
> Some people want us to go back to using torches instead of electricity too.

  Yeah, you got this right on!  I have never understood such nonsense
though, except that perhaps that the advancement of IT technology
is so frightening to the brick and Mortar world that it only knows
to advocate reversing progress.  ???

>
>
> >
> > >
> > >
> > > However, an argument I sustained in my professional thesis on the
> regulation
> > > of domain names in Mexico is the following:
> > >
> > > 1. Mexican trade & service mark and copyright laws are of public
> interest,
> > > and they forbid the appropriation of generic terms, amongst others.
> >
> >   This may be fine for Mexico.  It isn't fine for the US and Canada,
> amongst
> > a host of other countries.  Hence, again a jurisdictional bias or issue.
> >
> > >
> > > 2. The Federal Civil Code sets forth that acts which contravene public
> > > interest laws shall be null.
> >
> >   I would agree with this, if and only if such public interests are
> determined
> > directly by the public.  However in most instances this is not the case.
> > Therefore, such a precept is skewed accordingly.
> >
> > >
> > > 3. The registration of generics as domain names consists in an
> appropriation
> > > of said terms, thus it contravenes the aforesaid laws.
> >
> >   This is a circular argument that cannot and will not stand.  In a number
> > of countries it does not stand now.  I can't see how it would stand as
> > an international standard or best practice either.
>
> Big Corporations missed out on a lot of generic names because they thought
> the internet was a fad.

  Yep!  I said this way back in 1993.

> Now there will be studies that are funded by who?

  Well many different orgs can do this funding besides big business.
And many do now.  More will.

>
> that will find in some way that these generic names are an unfair
> competitive edge to smaller businesses and individuals that registered them.

  Ah, well yes this is now ongoing and has happened before.
See IAHC.ORG archives or gTLD-MoU.org archives for
further information.

>
>
> The government or the corporations have no right to stop people from filing
> generic names.

  Well don't worry they won't do it.  In fact it is too late to do this now
in most countries.

> First they say everything that is too similar to the string
> of letters making up their tm, now they want all the words.

  Yes and this has been debated over and over again for at
least 9 years that I am aware of and have participated in.

>
>
> And yes Jeff, you didn't read it wrong. We actually agree on these points.

  I never doubted that we agree on a number of fronts.  We also
disagree on a few as well.  That has nothing what so ever to do
with how I address them from any perspective...

>
>
> >
> > >
> > > 4. Consequently, said registrations are null.
> > >
> > > IP specialists here seem to agree. Constructive and reasonable comments
> on
> > > the foregoing are wellcome.
> >
> >   Again, which IP specialists, and whom gave them the right of such a
> > determination?
>
> No one has the right to determine that and the registrations are not null
> and void. Did the IP specialist or his backers miss out on the domain name
> rush and wish they hadn't? Too bad. First come first serve.

  Agreed!!  This has been INEGroup position basically for some time..

>
>
> >
> > >
> > >
> > > Atentamente, Regards
> > > Rodrigo Orenday Serratos
> > >
> > > -----Mensaje original-----
> > > De: John Berryhill Ph.D. J.D. [mailto:john@johnberryhill.com]
> > > Enviado el: Jueves, 10 de Octubre de 2002 03:00 PM
> > > Para: rorenday@banxico.org.mx; ppoblete@nic.cl
> > > CC: 'Andy Gardner'; ga@dnso.org
> > > Asunto: Re: [ga] Interesting WIPO ruling re: NewZealand.biz
> > >
> > > >
> > > > One of the biggest problems that I find in domain names is that the
> > > > registration of those which include generic names and terms commonly
> used,
> > > > like the name of a country, is not banned, unlike trade and service
> marks.
> > >
> > > This is the first time I've seen someone arguing that there should be a
> ban
> > > on generic and common terms AND trademarks.
> > >
> > > That leaves few other choices, but maybe we should just ban registering
> > > domain names entirely.
> > >
> > > --
> > > This message was passed to you via the ga@dnso.org list.
> > > Send mail to majordomo@dnso.org to unsubscribe
> > > ("unsubscribe ga" in the body of the message).
> > > Archives at http://www.dnso.org/archives.html
> >
> > Regards,
> > --
> > Jeffrey A. Williams
> > Spokesman for INEGroup - (Over 127k members/stakeholders 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: 214-244-4827 or 972-244-3801
> > Address: 5 East Kirkwood Blvd. Grapevine Texas 75208
> >
> >
> >
>

Regards,
--
Jeffrey A. Williams
Spokesman for INEGroup - (Over 127k members/stakeholders 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: 214-244-4827 or 972-244-3801
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208


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