Re: [ICANN-EU] Domain Name IP

[Thomas Roessler <roessler@does-not-exist.org>]

On 2000-08-22 14:18:44 +0200, Jefsey Morfin wrote:

> And Thomas is unnecessary pessimistic.

At least, I'm not a candidate. ;-)

>>Sorry, but you are obviously dreaming. Trademark law _has_
>>_been_ successfully applied to internet domains, and it will be
>>in the future.  You can like it or not, but changing this would
>>require some 200 national states to change their legislation in
>>favor of - what?  What pressure group, what industry interest?
>>Forget it.

> Why?
> Because there are laws and in this case laws are illegitimately used
> by people not having understood what they are dealing with. This is
> another case of lawyers messing around legal issues forgetting about
> technical realities.

While you may be right that the lawyers in question may not
understand the technicalities around, and while you are certainly
right that the application of conventional trademark law may lead to
results which seem undesirable to us, the applicability of
real-world law can't be changed within a day or two.  You and I
aren't going to change this; nor is ICANN.

(Obviously, arbitration models which happen before or out of court
are possible.  Nevertheless, parties can still ask for more
traditional legal protection, so it's just plainly impossible to
exclude real-life law. Debating real-life law's legitimation or
sensibility is a matter for fora different from this one.)

-- 
Thomas Roessler                         <roessler@does-not-exist.org>