RE: [ga] Stolen domains, transfers, WHOIS, audit trails, andsystemintegrity

[Marc Schneiders <marc@fuchsia.bijt.net>]

On Fri, 6 Dec 2002, at 20:26 [=GMT-0500], Cade,Marilyn S - LGA wrote:

> In this post, you are misinterpreting ICANN's ADOPTION of
> trademark protection developed OUTSIDE of ICANN, WITH ICANN DEVELOPING
> NEW IP LAWS. I am not a lawyer, but I was there through all of this
> debate, and played a rather visible and central role in developing the
> concept. ICANN relies on existing trademark law.

Perhaps this is true for the UDRP rules as they are written. It is
certainly not true if we take the factual application of them into
account. Trademarks are granted protection beyond anything possible under
existing trademark law under the UDRP as applied by NAF and WIPO.

It is not just lack of time that the UDRP revision (due for 2000) still
has to start for real.

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