Re: [ga] Some other ideas about the questions... [ga-udrp] UDRP Questionna ire

[Jeff Williams <jwkckid1@ix.netcom.com>]

WXW and all assembly members,

William X. Walsh wrote:

> Hello Marilyn,
>
> Saturday, June 30, 2001, 1:45:45 PM, Cade,Marilyn S - LGA wrote:
>
> >> >the policy should be limited to registered marks? [THIS IS A COMMENT:
> > BOTH THE U.S. AND THE UK, TO MY KNOWLEDGE ACCEPT COMMON LAW RIGHTS.]
>
> Yes, but common law rights are so unclear in many cases, that it is
> probably a good idea to have them excluded from mandatory arbitration,
> and leave them to the courts.

  NO not in many cases, but only a very few...  None the less this is the
reason that the current UDRP is considered Extra-legal and becoming more
broadly thought as such.

>
>
> >
> >> >004.    Should generic names, geographical names, initials and numbers be
> >> >protected from claims by any trademark or name rights' owner, regardless
> > of
> >> >the owner's fame? AND IF SO, IS THE CONSISTENT WITH APPLICABLE LAWS?
>
> Doesn't matter.  If we exclude them from the UDRP, the trademark
> holders still have the right to go to court.  The UDRP doesn't have to
> provide mandatory arbitration for every type of IP claim out there.

  The TM holders have the right to go to court anyway in most countries.
So this is a non-issue...

>
>
> --
> Best regards,
> William X Walsh <william@userfriendly.com>
> Userfriendly.com Domains
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>
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Regards,

--
Jeffrey A. Williams
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