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

["elliot noss" <enoss@tucows.com>]

In the interest of helping Karl while he is hopefully still sleeping,
his/David's suggestion says neither what Asaad or Joop infer. It merely says
that as a trademark holder you will not be PREJUDICED if you DO NOT register
a domain name in any and all namespaces making the whole issue of defensive
registrations nearly insignificant.

It says nothing about which trademark holder may or may not get a domain
name. In fact it makes the value of first-come-first-served much greater and
makes it more likely that UDRP jurisprudence can evolve in an appropriate
way.

As for it dealing with the US Joop, that is where Karl lives. I have no
doubt if he would have suggested the Dutch (I think that is where you are
from if I recall) parliament enact such legislation we would still be
reading about American hegemony and how he should stick to his own affairs,
etc.. He was suggesting cleaning up his own backyard. I would do the same
for Canada. If you like the idea, forward it at home.

It says absolutely nothing about the priorities of competing national marks.

Regards
Elliot Noss

----- Original Message -----
From: "Joop Teernstra" <terastra@terabytz.co.nz>
To: "Karl Auerbach" <karl@CaveBear.com>; "Johnson, David"
<DJohnson@Wilmer.COM>
Cc: "Michael Froomkin - U.Miami School of Law" <froomkin@law.miami.edu>;
<ga@dnso.org>
Sent: Sunday, December 08, 2002 3:49 AM
Subject: RE: [ga] Stolen domains, transfers, WHOIS, audit trails,
andsystemintegrity


> At 09:05 p.m. 8/12/2002, Karl Auerbach wrote:
>
>
> >   We could create a new 15 USC §1130 that says something like:
> >
> >     No holder of a US Federally registered trademark shall be placed at
> >     risk of losing that mark because that person did not register that
> >     mark in any or all domain name registries that might be available
> >     for such registration.
>
> Dear Karl,
>
> This would imply that the persons who register trademarks outside the US
> jurisdiction would be fair game and their trademarks would assume second
> class status.
>
> I'm sure that wouldn't be your intention.
>
>
> -joop-
>
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