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RE: [ga] Interesting WIPO ruling re: NewZealand.biz
I'm not here as a surrogate of any kind; I'm here out of my own free will to
share my thoughts and ideas on domain names and the law, and to listen to
what other participants have to say, as that may lead to rethinking some
things. Period.
I'd like to know what IP specialists in INEGroup think about my position on
generics, if you care to share it with them.
Atentamente, Regards
Rodrigo Orenday Serratos
-----Mensaje original-----
De: Jeff Williams [mailto:jwkckid1@ix.netcom.com]
Enviado el: Jueves, 10 de Octubre de 2002 09:39 PM
Para: rorenday@banxico.org.mx
CC: ga@dnso.org; atlarge discuss list; Don Evans; cathy Handley; Nancy
J. Victory
Asunto: Re: [ga] Interesting WIPO ruling re: NewZealand.biz
Rodrigo and all assembly members or other interested parties,
So how if your position is reasonable Rodrigo, are you going to
deal with the many organizations that already have .ORG registrations
that don't meet you suggested criterion? Are you suggesting that
those registrations just be taken away? Grand fathering? If the
latter, how than are you going to justify not allowing new registrations
in .ORG that are based on generic terms? In my country, this might
be considered unduly restricting a mode of speech.
So again Rodrigo, I think you really looking at a jurisdictional issue
here. If your country wishes to restrict registrations as you suggest
in .ORG, than that's fine with me. I hope your people/public find it
acceptable also. Somehow I doubt that they will.
My and our [INEgroup's] position is now and has been for some time
now that DN's regardless of their name space should not be mapped
or in any way associated with TM law in any country. BTW,
Rodrigo, our organization has about 5000 members that are Mexican
citizens... >;) And a number of them are IP "specialists"... >;)
Now Rodrigo, I realize as do a number of others on this forum that
you position here is VERY similar to Joe Sims and Louis Touton's
views. As such I can't help but wonder if you are not here as
a surrogate of one type of another... >;)
Rodrigo Orenday Serrato wrote:
> Well, to begin with, simply that they were not meant to register it there;
> they have their own specific gTLD, and in abusing gTLDs like that, they
> preclude other persons' rights to register in .org.
>
> Say for example WHO.ORG; who should be entitled to that domain? The World
> Health Organization (who should register under .INT), or the rock band (if
> they were still playing, that is)?.
>
> My perspective is much more about order, respecting other people's rights
> and conforming to the law than just about controlling them, Professor.
>
> Atentamente, Regards
> Rodrigo Orenday Serratos
>
> -----Mensaje original-----
> De: Michael Froomkin - U.Miami School of Law
> [mailto:froomkin@law.miami.edu]
> Enviado el: Jueves, 10 de Octubre de 2002 04:58 PM
> Para: Rodrigo Orenday Serrato
> CC: 'Leah Gallegos'; 'Andy Gardner'; ga@dnso.org
> Asunto: RE: [ga] Interesting WIPO ruling re: NewZealand.biz
>
> Why is it so important to make rules and control people? What's the
> *harm* if an international organization chooses to register in .org?
>
> On Thu, 10 Oct 2002, Rodrigo Orenday Serrato wrote:
>
> > Alright, then let's prevent international organizations from registering
> in
> > ..org, since that's what .int was meant for in the first place.
> >
> > Atentamente, Regards
> > Rodrigo Orenday Serratos
> >
> > -----Mensaje original-----
> > De: Leah Gallegos [mailto:jandl@jandl.com]
> > Enviado el: Jueves, 10 de Octubre de 2002 02:20 PM
> > Para: rorenday@banxico.org.mx; 'Andy Gardner'; ga@dnso.org
> > Asunto: Re: [ga] Interesting WIPO ruling re: NewZealand.biz
> >
> >
> > On Thursday 10 October 2002 01:15 pm, Rodrigo Orenday Serrato wrote:
> > > I insist that the naming of States is a matter of public interest, and
> > > therefore registrars should ban the registration of domain names
> > comprising
> > > the names of States, unless registration is requested by the State
> > > concerned.
> >
> > Fortunately, IMO, the law does not agree. States and governments in
> general
> > should use .gov or the equiv. for official uses. If this were not the
> case,
> > there would never be songs like "New York, New York" or "Chicago" and
> there
> > would not have been a ship named the Queen Mary because commercial use
of
> a
> > government name would be illegal. In addition, there would be hundreds
of
> > thousands of businesses that would never have existed if the use of
> regions
> > or government names were illegal. UDRP should be disallowed if the
result
> > is
> > the out and out theft of legitmately held domains.
> >
> > Leah
> >
> > The US has .gov for government domains and ccTLDs should do the same.
> > Actually, .US should be the home of governmental sites for the US, IMO,
> with
> > a .gov.us, but that is another discussion.
> >
> > --
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> >
> >
>
> --
> Please visit http://www.icannwatch.org
> A. Michael Froomkin | Professor of Law | froomkin@law.tm
> U. Miami School of Law, P.O. Box 248087, Coral Gables, FL 33124 USA
> +1 (305) 284-4285 | +1 (305) 284-6506 (fax) | http://www.law.tm
> -->It's very hot here.<--
>
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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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