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

["elliot noss" <enoss@tucows.com>]

David:

What a great suggestion. It makes much to much sense to actually be
considered by politicians. They are too busy saving my children from the
dangers of the Internet by passing the .kids.us legislation!

Regards

----- Original Message -----
From: "Johnson, David" <DJohnson@Wilmer.COM>
To: "Cade,Marilyn S - LGA" <mcade@att.com>; "Michael Froomkin - U.Miami
School of Law" <froomkin@law.miami.edu>
Cc: "Karl Auerbach" <karl@CaveBear.com>; "George Kirikos"
<gkirikos@yahoo.com>; <ga@dnso.org>
Sent: Saturday, December 07, 2002 3:32 PM
Subject: RE: [ga] Stolen domains, transfers, WHOIS, audit trails,
andsystemintegrity


> 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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