Re: [ICANN-EU] Don't waste your endorsement vote

[lutz@iks-jena.de (Lutz Donnerhacke)]

* Marc Schneiders wrote:
>> As written some weeks ago I do not support WIPO interest. Brand law and
>> domain names do not coexists in the current flat name space. So brand laws
>> have to retreat.
>
>I am not sure I understand what you precisely mean. Are you saying that
>TM's should not have a special protection in domain name space?

Exactly. It won't work. OTOH if you use something (esp. a Domain Name)
solely to attack a trademark, I won't stop the trademark owner from sueing
you. But I support not preference for trademarks or brands in the domain
name system, because there is no non-ambigiuos invertible projection from a
multidimensional space into an one-dimensional one.

>> As written ... IMHO the current ICANN policy does a good job limiting the
>> brand rights to deliberating acts of brand violation. Unfortunly it is not
>> perfect (nor it can ever be), but please go back to the archive.
>
>Again, your position is not clear, maybe because you use different words
>than I would for certain procedures.

Sorry.

>Do you say that the current UDRP is working alright?

The ideas behind are not as bad as the current usage.

>And what do you mean by it not being perfect?

UDRP is a ood step to a possible solution, but it is not the final step.

>Would you not say there are too many 'mistakes'? Bodacious-tatas.com?
>Barcelona.com?

Yep. These are mistakes. Especially the possibility to ignore UDRP by local
courts does not satisfy me. So UDRP will not help much.

>Some people are put out of business and are at risk of going bankrupt
>because of this "not perfect" UDRP. Would you not say there has to be done
>something about this very soon?

The risk of going bankrupt due to losing the domain name is a special issue
of fast growing Internet companies which does not have other products. This
is a legitimate business, but a very risky one.

I wish a solution with mainly follows the principle 'First come, first
serve' but I see the problems of the trademark owners. It's unacceptable to
allow trademark rights to drive name space issues. So I oppose WIPO.

Unless such a solution is mandantory (without the possibility to overwrite
it by national courts) the risk of losing a domain name to a larger (in
terms of advocates) company will dominate.

>Or do you really not care, because you think every company should have
>just one domain, no more? Let them fight over domains amongst them, they
>are wrong and bad anyway. Is that your position?

My host at home has the name 'saalweg.lobeda.jena.thur.de' not
'donnerhacke.de' (which is not registred). I really prefer deeper structured
names than a set of shorter ones for a single company or person. But you can
not conclude from this feeling, that I do not understand good reasons for an
other necessary domain.