RE: [ga] Stolen domains, transfers, WHOIS, audit trails, andsystemintegrity

["Johnson, David" <DJohnson@Wilmer.COM>]

Marilyn --

How would you feel about the following two steps to reduce conflict?

1. pass a law making clear that failure of a tm holder to "police" it's mark, insofar as the mark is reflected in some way in a domain name, is not a waiver that undermines any regular trademark rights.
2. strong presumption (absent showing of actual confusion of real customers) that a domain name may not be challenged after it has been in use for some substantial period (a year or two)

David Johnson

-----Original Message-----
From: Cade,Marilyn S - LGA [mailto:mcade@att.com]
Sent: Saturday, December 07, 2002 3:19 PM
To: Michael Froomkin - U.Miami School of Law
Cc: Karl Auerbach; George Kirikos; ga@dnso.org
Subject: RE: [ga] Stolen domains, transfers, WHOIS, audit trails,
andsystemintegrity


Michael, I know your views, but I've never heard your views on how the rights of the individual might be put at risk when they unknowingly infringe... and therefore can't use a name because they blundered into a territory where someone has rights..

... the purpose of putting up a site is USUALLY to communicate with the public. 
what advantage is it to the user when they register a name which someone disputes and they are tied up in a UDRP or a court action...

... MOST users want to move quickly to getting a name, getting a web site, and doing "business/communications"... and getting delayed is a problem to them.

I know, I know,.... as an academic, you want to and need to also protect all other possible avenues/perspectives, etc.

but consider the "average" user... wanting to merely get to work, so to speak...
I've never heard you on that topic... only on the adversarial side of the equation.

It's interesting, but perhaps someone else might speak on the aspect of those who want to avoid conflicts and merely know that they can register a name, use it, and not have to fight over it...

Probably depends on the agenda of the registrant, of course.  :0)

I'm not saying that there aren't legitimate conflicts. That is why we supported the UDRP. It  might not be prefect, but it offered a lower cost solution for the disputed names for individuals and small organizations/entities, not just corporations. 


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