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

[Sotiris Sotiropoulos <sotiris@hermesnetwork.com>]

"William X. Walsh" wrote:

> Hello Sotiris,
> >> Can you cite any
> >> examples where known recognised property can be taken from the owner due to
> >> some evidence of "bad faith".
>
> > In cases of theft (i.e. fraud), which is what trademark law was instituted to
> > protect.
>
> Wrong.  This is the biggest stretch I've seen on this list so far on
> this subject.
>
> The DNS is a naming service.  The defendant was using the service in a
> fashion which violated the trademark protections extended to the
> plaintiff under the law.  A trademark does not mean that the defendant
> "owns" everything that contains their string, there was no theft
> involved.

Fraud *is* a type of theft William.  Trademark law was instituted to protect
against FRAUD.

> Courts have already ruled on this Sotiris. While those decisions are
> not binding in every jurisdiction, they do set strong precedents.

Please produce a list of what you consider "strong precedents".

> The Harrods case does nothing to advance the concept of domain names
> being property.  Not by ANY reasonable stretch.

Forgive me for not ascribing to your specific standards of REASON, William.  All
I'm haring from you is the same thing over and over again.  Where are your
REASONINGS?  Please produce the evidence of which you speak.

> Get a real attorney to tell me otherwise, one who has actually READ
> the case, and has a basis in IP and domain law.

Unlike the both of us, huh William?

:-)

Sotiris Sotiropoulos

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