[ICANN-EU] Fw: what is your point?

["Andreas Fügner" <Andreas.Fuegner@lizenz.com>]

>Dear Marc:
>
>>ICANN so far decided to add new TLDs in a slow process, one at a time.
>"First
>>come - First serverd" does IMHO not apply to such a model, where
>introduction
>> of new TLD's is a long process.
>> Of course, ICANN can change this, but adding new TLD's on a rush is
>> serving nobody :(
>
>
>                What is your point?
>
>>"Give me a gun" ;) How does one defend one's domain? The only place where
>>this can happen is a national court, and national courts decide different
>>in different countries.
>
>
>                You don't have to defend your domain after registration. It
>is yours!
>                If a trademark owner wants your domain, it has to defend
its
>trademark.
>                And yes the plaintiff picks the first court. That is how
the
>legal system works.
>
>
>>One might try thinking about a way of decising "usage" of a domain - for
>>example, most registries now require "connected domains", which just means
>>that some "speculant" puts up a web page with "soon here will be the new
>>xxx" or even: "if you are interested in buying this domain...".
>>
>>Maybe, juts maybe it would be more worthwhile to think about was to
>>decide wether a domain is actually *in use* (and criteria like working
>>nameservers, at leats one a record, working webpage (beware!) all fail,
>>obviously).
>
>
>                Now here is some constructive criticism. But who can check
>and judge,
>                whether a domain is in use?
>
>>Maybe. That doesn't stop courts from applying trademark laws, however. The
>>internet cannot be a right-free area, as much as people might want that.
>>There is no such thing as a truly international trademark law, so the
>>first step would be to create such a beast.
>
>                There are indeed international trademark agreements.
>Unfortunately, some
>                countries did not to sign them yet.
>                The internet raises new legal questions.
>                But ICANN is not the entity to solve them.
>
>
>
>