On 10-Feb-99 Martin B. Schwimmer wrote:
> >
> >Any rules which automatically require a user to ceritify they will not use
> this
> >name to violate a trademark is a violation of their fundamental rights.
>
> That would be the fundamental right to violate other people's rights?
No, a fundamental right to be assumed that they will not until proven otherwise.
And to finish the paragraph you snipped :
>They
>have a right, under law, to use the name in any fashion unless proven by the
>trademark holder, in a court of law, that their use violates the trademark
>holders' rights.
You ignore this part for a reason I presume. I think I know why.
Please answer the rest of my questions, which you snipped :
Point 1 :
I put forth that the reason conflicts dont exist in the case of 1-800 numbers
is because it is well known that such "conflicts" will not be accomodated.
Point 2 :
I have asked in the past, and I ask again, WHY SHOULD TRADEMARKS HOLD GREATER
PROTECTION IN CYBERSPACE THEN THEY DO IN ANY OTHER MEDIUM?
Point 3 :
What is so unique about Cyberspace that requires a special set of extra legal
rules and a limit on the free rights of domain name holders?
Point 4 :
Let Trademark holders have the EXACT same representation in the DNSO as ANYONE
else. Why should they have ANY special extra representation? I want to see
you justify this! Why should they have ANY extra standing over ANY other
stakeholder?
Point 5 :
I've looked at the "totality" as you call it, and compared to the market as a
whole, find it to be very insignificant to the overall picture. In any market
you will have a small percentage of problems, and the fraction of a percent of
domain name registrations that result in a DN/TM conflict are not enough to
warrant a special level of significance.
If you claim otherwise, I want to see some HARD numbers and percentages and the
documentation to back them up.
Otherwise, go back to your lobbying efforts and get laws to force us to give
you this accomodation.
You can ignore those 5 points, but they will not go away. I will continue to
ask them for as long as they remain factually unanswered.
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E-Mail: William X. Walsh <[EMAIL PROTECTED]>
Date: 09-Feb-99
Time: 17:30:55
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"We may well be on our way to a society overrun by hordes
of lawyers, hungry as locusts."
- Chief Justice Warren Burger, US Supreme Court, 1977
