Re: [ICANN-EU] Mime-Version: 1.0

[Jefsey Morfin <jefsey@wanadoo.fr>]

Marc,
I am not sure about your conclusion?

My points as always are:
- DNs are not legally defined so I do not know what it is
- the semantic of the DN bothin within the SLD and within
   the URL has not been worked out .
   cf. : winning UDRP against http://boadacious-tatas.com
   but try http://boadacioustatas.com Tata and Sons Ltd. feel OK.
   I am lost.
- there are much more to an UDRP than what is asked for:
   -  other domains possessed by both parties
   -  dates of registration
   -  other pending or concluded actions
   -  business plans of both parties if any business
etc...

I wanted to make plain that if I start (what I call) an ULD
ie an hosted TLD + an alternative TLD, am I under "public"
or "private" terms if I say that ;

public is http://tata.com or http://tata.com.nl
and prvate is http://tata.myname.com

and an UDL being (example for .SYS) both

- http://xxxx.sys.ws for a-root access
- http://xxxx.sys for alt.root access

until both may merge with an accepted TLD (ICANN published
they want new TLDs and have a procedure).

Questions:
-  where public/priavte notions (or equivalent) are published?
    this would call for a definition of DNs, an evaluation of their
    semantic, a convergence with freedom of speach
-  will I have an UDRP is I have http://tata.sys on alt.root?

This would be great for alt.root !!!!!!
Jefsey

At 02:14 19/09/00, you wrote:
>On Mon, 18 Sep 2000, Jefsey Morfin wrote:
>
> > I wish to have the position of the pro-TM specialists about
> > this question I asked to the WIPO without response.
> >
> > As UDRP and other disputes are limited to SLDs,
> > may we take for granted that the following URLs:
> > http://mercedes.hate.com
> > http://mercedes.wbxt.com
> > http://mercedes.free-from-tm.com
> > are exempt from TM thundebolts?
>
>That would not be fair, would it? For what about:
>
>mercedes.co.uk
>mercedes.co.za
>mercedes.com.au etc.
>
>Those are third level as well...
>
>:-)
>
>Now seriously, I wonder what they could do, if there would be somethings like
>
>mercedes.sucks.nl
>mercedes.fraud.nl
>mercedes.kills.nl
>
>I am the registratnt of dief.nl (dief=thief), affaire.nl
>(affaire=affair) and similar names. So I might get away with it the awful
>crime of trademark infringement.
>
>Good.
>--
>*-------------------------------------------*
>  Marc Schneiders (the rest is in the header)
>*-------------------------------------------*