RE: [ga] Domain names as observed [correction]

["Dassa" <dassa@dhs.org>]

|> -----Original Message-----
|> From:  Behalf Of Sotiris Sotiropoulos
|> Sent: Sunday, July 29, 2001 7:23 PM
|> To: ga
|> Subject: Re: [ga] Domain names as observed [correction]
|>
|>
|> Sotiris Sotiropoulos wrote:
|>
|> > Dassa wrote:
|> > > 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.
|>
|> Of course, my sentence was meant to read:
|>
|> In cases of theft (i.e. fraud), which is what trademark law was
instituted to
|> protect *against*.

In the case quoted, the domain names were taken from a holder who had
trademarks similar to the domain names in question.  The decision was based
on bad faith and the supposed intention of the defendant.  In no way did it
amount to the decision conveying any property rights on domain names, in
fact the opposite as the claim was based on evidence dealing with external
matters to the domain names.  The fact the domain names were taken from
someone who held trademarks associated with the domain names and given to
another party clearly indicates that domain names have no intrinsic
property rights of their own.  You will notice that all claims against
holders of domain names involve external property rights, trademark, IP or
bad faith claims.

Theft is entirely different to fraud and fraud is entirely different to
trademark infringements.  It is only confusing the issue to claim they are
the same.

If domain names were indeed property as many claim, any attempts to lay
claim to them would involve specific claims directly relating to the domain
name and the ownership and not involve external claims of IP, trademark or
bad faith.  Much like others can not claim my car, any books I've written
or other property I own unless they can claim prior ownership etc.

Don't get me wrong, I would love it if domain names were actually property
in the sense yourself and others state they are.  Unfortunately, the facts
don't support that view.

I feel the debate on if they are or are not property is unrewarding for the
GA and a waste of time.  The courts are making those decisions.

Darryl (Dassa) Lynch.

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