Re: [wg-c] current version of WG-C report

["William X. Walsh" <william@userfriendly.com>]

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Where do these people come from?

On 17-Mar-2000 Mariah Garvey wrote:
> I do not think the report is clear with regard the discussion of the
> relationship between domain names and trademark rights in light of recent
> discussions on the list. Many of the issues discussed in this section,
> namely,
> the creation of a reliable and responsive whois system, policing mechanisms,
> and protection for famous marks are still on the table and should be resolved
> in our ongoing work. 

In other words, give us more tools to enforce rights we think we should have,
but under which the law is not quite so clear.
 
> Furthermore, the report, although speaking to the value of simple domain
> names,
> fails to mention that one of the perceived problems is that common names,
> such
> as computer.com, were assigned on a first-come, first served basis.  Common
> name assignment by lottery or other means may be another issue that needs to
> be
> addressed by the working or at least addressed by those applying to be a
> registry. 

In other words, one of our clients could have made great use of one of these
common word domains, and missed their chance because they weren't on top of the
trend.  God forbid that someone with foresight should benefit from their early
adoption.

Domains are, and always should be, first come first served.  Anything else is
blatently unfair.    The only thing that can be said to be anything near fair
is first come first serve.  If their use violates your client's rights, then
you get to bill your client for some time defending their rights under the law.


- --
William X. Walsh <william@userfriendly.com>
http://userfriendly.com/
Fax: 877-860-5412 or +1-559-851-9192
GPG/PGP Key at http://userfriendly.com/wwalsh.gpg
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