Re: [wg-b] Second Circuit on First Amendment Analysis of Domain Names

["Milton Mueller" <mueller@syr.edu>]

----- Original Message -----
From: "Hartman, Steve" <HartmanS@Nabisco.com>

> On the issue of a blanket exclusion of [famous mark].[tld]s, wg-b appears
> split along the following lines:
>
> 1. Those opposed to such an exclusion believe that it (a) raises an
> appreciable first amendment problem, and/or (b) is unworkable because the
> concept of "famous mark" is not well-defined.
>
> 2. Those in favor of such an exclusion believe that there are no free
speech
> or definitional problems, or at least that such problems are manageable
and
> are far outweighed by the benefits of a famous mark exclusionary rule.
>
> Is this a fair summary?


It is not an unfair summary but it is an incomplete one.

There are at least two other reasons for opposing the exclusions.

1. Exclusions are unnecessary because of the existence of strong national
laws and the UDRP.
2. Exclusions unfairly and inefficiently shift the cost of policing from
mark holders to registries, registrars, and users.


m i l t o n   m u e l l e r // m u e l l e r @ s y r . e d u
syracuse university          http://istweb.syr.edu/~mueller/