[wg-b] opportunity to pre-empt, or license to infringe?

["Judith Oppenheimer" <joppenheimer@icbtollfree.com>]

Steve, I didn't say speculation in the trademarks of others (ie,
cybersquatting). I said speculation.  Period.  But your reply serves to
unveil the ugly aggression and imperial design of the Trademark Lobby:

-- Create new trademark rights to "pre-empt" population of the DNS.*

-- Grant trademarks license to infringe on the legitimate rights of others.

-- Dismiss outright, so-called public resource issues; and

-- Discard that most elementary of American rights:  free speech.

Why don't you just do away with July 4th and get it over with ...

Judith

*Even the Indians got $24 bucks and some beads for Manhattan!

P.S.  We know "the Trademark Lobby must be placated because of its potential
ability and inclination to bankrupt new registrars and wreck havoc on their
registrant databases."  (Michael Palage, Chair ICANN DNSO Working Group B,
at January 6, 2000 SBA Office of Advocacy Roundtable on Internet Domain
Names)

Looks like it's inclined to wreak havoc everywhere and on everyone ...


-----Original Message-----
From: Hartman, Steve [mailto:HartmanS@nabisco.com]
Sent: Thursday, April 20, 2000 2:45 PM
To: 'Judith Oppenheimer'; 'John Berryhill Ph.D. J.D.'; wg-b@dnso.org
Subject: RE: opportunity to pre-empt, or license to infringe?


In my judgment speculation in the trademarks of others unnecessarily drives
up the cost of doing business on the Internet and reduces the efficiency of
the Internet, with no countervailing benefits.

A sunrise provision has the potential of appreciably reducing the number of
cybersquatting opportunities and, in so doing, reducing the amount of
cybersquatter-related litigation.

On balance, this benefits of the sunrise provision outweigh free speech and
hoarding concerns.

Steve Hartman

> -----Original Message-----
> From:	Judith Oppenheimer [SMTP:joppenheimer@icbtollfree.com]
> Sent:	Thursday, April 20, 2000 1:50 PM
> To:	Hartman, Steve; 'John Berryhill Ph.D. J.D.'; wg-b@dnso.org
> Subject:	opportunity to pre-empt, or license to infringe?
> Importance:	High
>
> Steve Hartman, Nabisco, says,
>
> > "[The Sunrise Proposal] simply allows trademark owners the opportunity
to
> pre-empty speculators and cybersquatters."
>
> Cybersquatting involves infringement of trademark rights and is
> actionable.
>
> Speculating is legal and legitimate activity.  Trademark owners have no
> legal right to infringe on speculators' activity.
>
>
> Judith Oppenheimer