[ICANN-EU] Re: questions for candidates (sent again to the list)

[Jefsey Morfin <jefsey@wanadoo.fr>]

I fully agree with this. Actually the Trade Mark issue is quite absurd
since nobody came with a final description of a domain name, both
its nature and how to determine what it is, even in the  DNS (2nd or
3rd level depending on the TLD (top like .com) or ULD (upper like
.com.fr). All the more than domain names are attached to DNS ie an
application permitting to handle IP addresses through mnemonics.
But there are many other ways to remember IP addresses.

The only thing I know is that Trade marks come through classes.
There is a class for online services. Only the one having registered
in every country a trade mark for that class can seriously rise a
claim. All the other ones are misconception of the law, of the logic
of common sense.

But beware that soon, and already now, DNs are usedin other
areas than internet (CD names, company names, etc...): where
are we? WIPO says: DNs are the same as other strings when
you have removed the TLD. No special treatment granted,
but many asked. BTW it means that TLDs are public domain.

I have a very simple rule. Let suppose there is a TLD ".hate" for
everything you do not like. If someone is ready to claim a Trade
Mark in that TLD, there is probably a good case. Otherwise there
is not. But there are plenty of people having poorly protected their
trade mark in regard of future events like the internet. This is not
the problem of the internet and not to be at the disadvantage of
those who made their job correctly.


At 17:28 13/08/00, you wrote:
>Hallo,
>On Sun, 13 Aug 2000 16:38:42 +0200, you wrote:
> > UDRP is one way of attempting to solve trademark - domain conflicts.
> > There are many others.
> > The domain owner could notify its audience, that it is not the 
> trademark owner
> > and that it is not publishing under the trademark. This notice can be 
> given
> > before the domain is entered.
> > It can also be published on other locations of the domain like the 
> menu, the
> > header, footer, etc.
> > The domain owner could provide one or more links to the internet domain 
> of the
> > trademark or the trademark owner. There are various places where one or 
> more
> > links can be placed.
>
>All of your above statements point out that you follow the misconception
>that a domain name is equivalent with the web services provided under it.
>
>While this is a common mistake I do believe a future ICANN director should
>have a better understanding of what the DNS does.
>
>My own domain name is used for providing a few mail adresses to family
>members and host names for my personal use. While for the uninformed
>viewer this domain might seem to be 'unused' (okay, typing www.themel.com
>into your browser would show my employer's web page), it is under very
>active use.
>
>As Marc Lehmann just pointed out on the list, no one has come up with a
>universal definition of 'domain use' and until this is done I think the
>UDRP should be exercised very carefully.
>
>ciao,
>--
>Thomas Themel      |
>Hauptplatz 8/4     |  Petition for a Software Patent Free Europe
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