Are famous marks New Law? (Re: [wg-b] Re: ICANN's Mandate)

[Harald Tveit Alvestrand <Harald@alvestrand.no>]

At 02:32 09.10.99 -0700, d3nnis wrote:

>By  issuing it as a "policy" statement though, the Department of
>Commerce has achieved the effect of creating new law which has
>slipped out of the due process arena.  In addition, because it is
>officially "not law", it is insulated from Constitutional challenges.

Bringing this back to WG-B business, which it has only been tangentially 
relevant to for a while:

I take it that you are of the opinion that ICANN should make as little new
law as possible, constraining itself to making sure rights already granted
under existing law are respected and expeditiously protected.

I agree with you. And that's why I think all the remedies identified so far 
to protect famous marks in the domain namespace are Bad Ideas.

                              Harald


--
Harald Tveit Alvestrand, Maxware, Norway
Harald.Alvestrand@maxware.no