Re: [wg-review] Trademarks and UDRP

[Rod Dixon <rodd@cyberspaces.org>]

"Stabilize" is not a legal term I am familiar with. If what is meant is
consistency or precendent setting opinions, it is doubtful that this will
be achieved through "private law making arbitration" until the UDRP (or
its successor) is clear, sensible, and reflects the values free
expression.

Rod


On Wed, 21 Feb 2001, Andrew Moulden wrote:

>
> > > I am also concerned about the issue of the UDRP and associated rulings
> > > being applied to third and forth level hostnames/domains.  I have
> > > already personally witnessed attempts to threaten UDRP and law courts
> > > over third and forth level domain names.  Just where is it going to end?
> >
> >It's hard to say.  The battles will continue for several years,
> >probably, and eventually some combination of case law, legislation, and
> >UDRP precedents will stabilize.  *Where* it stabilizes is not really
> >that important, in the long run -- just *that* it stabilize.  I firmly
> >believe that if the rules were well-known and dependable, then people
> >would simply deal with them.  Free expression would just route around
> >the rules, whatever they might be, as it always does.  The real problem
> >here is that the rules are in flux.
>
> I would appreciate some clarification here, Kent, on why you believe
> stabilization will occur as a matter of course.  Case law and legislation
> are country-specific and therefore unlikely to converge completely. UDRP
> "precedents" are mutually contradictory in many areas; see, for example,
> the informative but incomplete http://eon.law.harvard.edu/UDRP/decisions/.
>
> I would also be interested to critique a justification of your statement
> that where precedents stabilize is "not that important, in the long run".
>
> Regards,
> Andrew
>
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