Re: [ga] ICANN benefits

[Eric Dierker <eric@hi-tek.com>]

Dave Crocker wrote:

> At 06:53 PM 4/6/2001, Patrick Greenwell wrote:
> >On Fri, 6 Apr 2001, Dave Crocker wrote:
> > > Trademark conflicts were ambiguous and expensive.  In fact, NSI gave
> > > trademark holders much more power than they have in law.  Now we have the
> > > UDRP and things are vastly more straight-forward and vastly cheaper.
> >
> >Dave forgot to add "for the trademark interests."
> >
> >The current system merely institutionalizes trademark favortism.
>
> The law in most countries "institutionalizes trademark favortism".  It has
> done that rather longer than ICANN has been around...
>

Yes as a domain name holder that makes us all feel better?

>
> If you mean that the UDRP provides ADDITIONAL benefits to trademark
> holders, well, that becomes a finer point of debate.
>

No it does not it becomes a closed debate Ip boys only.

>
> As has been noted frequently, the UDRP needs enhancement.  But let's not
> attribute more precedent to it or ICANN than is valid.
>

Anyone had better take that position seeing how we are looking at about %80
overturn ratio in federal courts upon WIPO type decisions.  The U.S. Courts kick
abosolute butt when it comes to the balancing tests of IP interstests over IP
rights, they always have and until someone esle steps up they always will.  Holy
cow we adopted Engish law as precedent, so we are talking the most ancient IP law
in foreever.

fianally the Napster case laid this to rest NO NEW LAW! WECANN already handle the
concepts thank you.

This is an important issue and requires men far more tolerable than I. But please
do not get sucked into the argument that the UDRP is cool cause it is not.

Most sincerely,

>
> d/
>
> ----------
> Dave Crocker   <mailto:dcrocker@brandenburg.com>
> Brandenburg InternetWorking   <http://www.brandenburg.com>
> tel: +1.408.246.8253;   fax: +1.408.273.6464
>
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