Re: [ga] Stolen domains, transfers, WHOIS, audit trails,and systemintegrity

[Dan Steinberg <synthesis@videotron.ca>]

Ummmmmmm Marilyn,

I have to disagree with you here.  This IS outside IP law. The rules 
adopted give TM holders singificant protection that goes beyond existing 
law. ummmmm...that is the whole point of it!  To say ICANN relies on 
existing trademark law...when existing trademark law was obviously 
perceived as insufficient in the first place for the needs of TM 
holders...well...I would call it 'interesting' but flawed.....



Cade,Marilyn S - LGA wrote:

>Karl, 
>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. 
>
>I am disappointed in this attribution. It's "interesting" but flawed... and not like you.
>
>Marilyn
>
>-----Original Message-----
>From: Karl Auerbach [mailto:karl@CaveBear.com]
>Sent: Friday, December 06, 2002 4:03 PM
>To: George Kirikos
>Cc: ga@dnso.org
>Subject: Re: [ga] Stolen domains, transfers, WHOIS, audit trails, and
>systemintegrity
>
>
>On Fri, 6 Dec 2002, George Kirikos wrote:
>
>  
>
>>The domain industry needs to have some stronger and explicit ICANN
>>policies (and not just "registry policies that do not disagree with
>>ICANN policies")...
>>    
>>
>..
>  
>
>>It shouldn't have to be "caveat emptor", etc....we need stronger
>>protections, like real estate.
>>    
>>
>
>ICANN is not a legislature, neither is it a sheriff nor is it a judge and
>jury.
>
>The efforts of the trademark industry to turn ICANN into all of those have 
>resulted in many of ICANN's problems.
>
>We should be shrinking ICANN's role, rather than increasing it.
>
>If you look for the protection of rights and if you feel that you have an 
>unequal bargaining power to enter into contracts that protect your 
>interests, then the place to go is a legislature, not ICANN.
>
>		--karl--
>
>
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>  
>

-- 
Dan Steinberg

SYNTHESIS:Law & Technology
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