Re: [wg-b] Japanese Sunrise Program

["Derek A. Newman" <derek@newmanlaw.com>]

I agree.

Trademark infringement and dilution each require a complicated legal 
analysis on a case by case basis.  The analysis cannot be done by a 
computer or by sweeping policies.  To do so would offend creativity, 
trademark law itself, and free speech.

Though the intellectual property lobby [and I admit I am primarily an IP 
attorney] would love to set up overbroad rules in contravention to the 
constitution of the United States, and similar laws elsewhere, the 
appropriate measure is to allow domain names to be registered on a "first 
come, first served" basis and enforce traditional trademark laws against 
those who truly violate the same.

-Derek A. Newman

At 02:18 PM 10/6/2000 -0400, you wrote:
>>Dear (former) WG-B Members:
>>
>>I think this article shows that despite all the criticisms about the Sunrise
>>Program it was the best solution available.
>>
>>Mike
>
>Isn't that rather akin to saying "because a few people go overboard, it's 
>ok to repeal the First Amendment because that's the best solution 
>available?"  It's an overreaching overreaction to the cyber bullying by 
>the trademark lobby, scaring registrars into draconian measures in the 
>attempt to avoid liability.
>
>It's very sad to see the way the ideals of the Internet have given way to 
>wholesale strip mining of the name space for the benefit of the 
>few.  Registrars, registries, and other businesses alike have 'caved in' 
>to the demands of a single lobby "because it's easier" than standing up 
>for what is right.
>
>First the names will become too regulated for individuals and small 
>business owners.  Next, the content will be threatened to the point where 
>you'll need a lawyer before you can post a web page.  That isn't what the 
>Internet should be about.  "The Internet is for Everyone?"  Ironic, no?
>
>The "best solution available" is the same as it has ALWAYS been. Open the 
>name space.  Thousands of new TLDs will alleviate consumer 
>confusion.  After all, isn't preventing "consumer confusion" what 
>trademark law is build upon in the first place?  Wouldn't consumers be 
>less confused by delta.air, delta.hardware, and delta.dental than who gets 
>delta.com?  Then deal with actual cases of infringement. Gee, what a concept!


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