Re: [ICANN-EU] The real challenge for all of us as candidates

[Jefsey Morfin <jefsey@wanadoo.fr>]

Karl wrote:
> > > I think one of the main goals of a sensible DNS reform should be
> > > making clear that trademark law can not and should not be applied
> > > to host names.
>Thomas wrote:
> > Sorry, but you are obviously dreaming.

Karl,
what you propose is to make the Industrial Property registries Registrars
for Internet. This is a good solution: give internet to the States. Have the
governments regulate the internet. Have the police replace your ISP.
Latin people would wander if you are not German :-) ?

>No Thomas, think one step further and follow my ICANN-Nomination
>statement: see the compleate domain-name, this meams including
>the tld, as an own trademark, which is global unique.

The only consensus that is acceptable today is that TLD are no part
of domain name, this way TLD are public domain (however how a
protected string may become public in becoming a TLD is one of the
many mysteries of the ICANN TLD application file).

>You can't register "T" as trademark and bann anybody but you
>being named Thomas by that, so why should someone who has
>registered a word locally, which is part of a global trademark,
>be able to fight this global trademark.
>The time of locally has to be over, let's establish a globel commuity 
>which is able
>to live. Give Advocats no chance to earn money by supressing free speach
>or free choise of name.

Lawyers have a right to live too! They already have to cope with dumb
juges!....

The misunderstanding is that domain names DO NOT EXIST. They
only are private data base (DNS) keys you the user may use (if you
so desire) to be told my site IP address.

What does exist is the usage of the domain names externally to
internet in phrases, sentences, ads, pictures, documents, bills,
forms, hyperlinks, etc...  things which do exist.

So juges have to understand that you cannot rule about DNs.
Then to apply the law. Period.

They decided internet was something new. It is not: we have
international newspapers, radio, TV, books, CDs, etc... for a long
with exactly the same problems. Law exists. Let it be used, let
stop breaching it.

Any URDP decision is by nature a breach of law. It may seem
fair, but there will always be scores of possible good cases
(per national laws) against the winner. Until you can register
a TM as "Famous".





>Regards,
>    Karl