Karl wrote,
> - Domain names may be used in any way, or not used at all, at the
> pleasure of the domain name holder, except that a domain name may
> not be actually used to infringe upon the rights of others in their
> names or marks.
>
> - Such infringement occurs when the use of the domain name
> materially interferes with the free exercise of the legitimate
> rights granted to the other by statute or long established custom
> equivalent to law.
>
> - If such infringement occurs, then the domain name holder may be
> compelled to refrain from the infringing use, but may not be
> compelled to transfer or release the domain name.
Your phrasing suggests that one could distinguish between
'domain name' and 'the *use of a domain name,' especially in view
of the argument that the Registry database is intellectual property.
That is, the holder of a domain does not 'use' the domain name; it's
only use is by the database to reference the domain's IP number. If
there is trademark infringement -- for instance, by its pointing to a
site which infringes on legitimate business -- then that is the
*registry's liability, not the *regisrtant's. In this case, wouldnt the
remedy be not to suspend the domain, but to remove the name
from (that particular) registry?
kerry
