Re: [IFWP] Market Structure Failure

[Mikki Barry]

>See the Glaxo-Wellcome case from the UK, the Payline case in France, and
>the Orkin case from Canada and see if that changes your view.  These rights
>regard protection of the trademark right, they do not "exist solely with
>regard to the USAGE of the domain name."

In the US they do, and last I heard, international laws have not yet
amended the Lanham Act.
>
>In any event, no one denies that there are defenses to tm infringement, and
>no one other than NSI advocates any type of proceeding that limits the DN
>owner's right to assert defenses, so your listing of the various defenses
>to infringement is besides the point.

That doesn't address the main point that domain name holders have
legitimate rights besides those that may be grounded in trademark or unfair
competition torts.