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Re: [ICANN-EU] Re: questions for candidates

On Sun, 13 Aug 2000, Andreas Fügner wrote:

> Dear Thomas:
> >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.
>                 Where do you find that in my list of alternative solutions?
> >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.
>                 I did not refer to usage of a domain.
>                 Let's take your domain as an example. If somebody ownes a
> trademark "themel".
>                 And the owner wants your domain. My alternatives would work,
> wouldn't they?
>                 The alternatives would prevent both of you from going
> through any mediation,
>                 arbitration or law suit. That was the only thing I was
> aiming at.

And what if I do not like what you sell? And I do not want a (semi-)add
for your company, which happens to have or wants to have the same name as
my domain (or something similar, see WIPO) on my index page?
You take my domain then, right?

> >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.
>                 UDPR is still a positive additional tool to solve disputes.

Some people find it positive, because they get a domain name they want for
cheap. More and more people come to notice how unfair UDRP turns out to
work in many (not all!) cases. If you want to laugh, read my parody at


Marc Schneiders ------- Venster - http://www.venster.nl 
 marc@venster.nl - marc@bijt.net - marc@schneiders.org