Re: [ga] Domain names as observed (was Tucows Response to Cochetti Transfer Letter)

["L Gallegos" <jandl@jandl.com>]

On 27 Jul 2001, at 22:40, Jeff Williams wrote:

> Marilyn and all assembly members,
> 
> Cade,Marilyn S - LGA wrote:
> 
> > Folks, I know I'll engage  much debate here, but I am under the
> > impression that domain names are not "private property". I believe that's
> > the present state of the law, but others who are lawyers can comment on
> > that.
> 
>   I did comment.  Domain Names are a type of private property under the
> law.
> 
> >
> >
> > One registers and uses a domain name. That doesn't convey private
> > property rights in the domain name.
> 
>   Under this (your) definition of ONE of the uses of a Domain Name
> you are correct.  However that is only ONE of the aspects of a Domain
> Name as it relates to property.  Can a Domain Name be sold?  Yes.
> Is it considered a asset fiduciary?  Yes.  Can it be auctioned? Yes.
> Does a Domain Name have an extrinsic value in and of itself? Yes.
> Can a Domain Name be trademarked?  Yes.

Depending upon the registrant agreement with the registry, the answers 
to all the questions above could very well be "no."  In a chartered or 
restricted registry, there could very well be prohibitions on transfer of 
any kind, especially for a TLD such as .NGO where the domain name 
might very well have to be identical to the org name or its abbreviation, 
etc.  

Once again, it would depend on the contract terms for use of the 
domain and that is set by the registry.  

As for trademarking a domain name, in the US, it can't be unless it is 
more than just the address for a website.  The domain name itself, as a 
domain name, is not trademarkable - at least according to the USPTO 
guidelines.

Leah

> Looks like private property to me!
> 
> >
> >
> > I should duck, probably.
> 
>   No need to duck.  Perhaps a revaluation of your education requirements
> may be in order?
> 
> >
> >
> > :-)
> >
> > Marilyn
> >
> > -----Original Message-----
> > From: Sotiris Sotiropoulos [mailto:sotiris@hermesnetwork.com]
> > Sent: Friday, July 27, 2001 4:44 PM
> > To: Jeff Williams
> > Cc: ga@dnso.org; Ross Wm. Rader
> > Subject: Re: [ga] Domain names as observed (was Tucows Response to
> > CochettiTransfer Letter)
> >
> > Jeff Williams wrote:
> >
> > > Joanna and all assembly members,
> > >
> > > Joanna Lane wrote:
> > >
> > > > on 7/27/01 1:18 PM, Sotiris Sotiropoulos at sotiris@hermesnetwork.com
> > wrote:
> > > > > I think this ought to be added to the thread "Domain Names as
> > Observed"
> > > > > (perhaps Joanna, you could add it to the list already at
> > > > internetstakeholders.com?)
> > > >
> > > > Done. The current list is:-
> > > >
> > > > A Domain Name is neither dial tone nor a telephone number. IP
> > connectivity
> > > > is the closest analog to dial tone. An IP address is the closest
> > > > analog
> > to
> > > > the phone number, which the DNS was designed to mask for the benefit
> > > > of
> > the
> > > > end-user. (Ross Wm. Rader)
> > > > Domain Names are a Public Resource.
> > > > Domain Names are Private Property.
> > >
> > >   You have a problem here with these two "Definitions?".  A Domain Name
> > > cannot be both a Public Resource and Private property.  I think you
> > > mean that the DNS is a Public Resource and Domain Names are Private
> > > Property?
> >
> > I have to admit that these two "definitions" did appear rather
> > contradictory to me as well.  I think you're quite correct here Jeff.
> >
> > >
> > >
> > > >
> > > > Domain Names are currently subject to lease contracts with
> > > > registrars. Domain Names are a mnemonic aid for web site location.
> > > > Domain Names can be a mnemonic aid for an IP address.
> > >
> > >   This   is also technically incorrect as well.  And IP address is a
> > translator
> > > for a TLD or potentially a Domain Name.
> >
> > This is a more subtle but equally important distinction.  The "content"
> > of an IP address is informed by the registered Domain Name and its
> > holder.  I think this is a crucial point to stress.  Nice heads-up Jeff.
> >
> > Sincerely,
> >
> > Sotiris Sotiropoulos
> >
> > --
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> Regards,
> 
> --
> Jeffrey A. Williams
> Spokesman for INEGroup - (Over 118k members strong!)
> CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
> Information Network Eng. Group. INEG. INC.
> E-Mail jwkckid1@ix.netcom.com
> Contact Number:  972-447-1800 x1894 or 214-244-4827
> Address: 5 East Kirkwood Blvd. Grapevine Texas 75208
> 
> 
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