Re: [IFWP] Political Domain Name story

1999-08-12 Thread Michael Sondow
Jean-Michel Becar a écrit: > > > I suppose under the universal principle of justice you set > > forth below that > > if you didn't lock your house and somebody came in and stole > > your stuff, > > that you wouldn't consider it theft because, hey, you weren't prudent. > > BTW That's the case in

Re: [IFWP] Political Domain Name story

1999-08-12 Thread Michael Froomkin
I hope this doesn't sound like I'm picking on RG here, because I don't mean to. I think his comments are always interesting and very frequently useful. This one, however, seems to exemplify a common misunderstanding of the WIPO proposal that I would like to correct. While the WIPO proposal offe

Re: [IFWP] Political Domain Name story

1999-08-12 Thread Karl Auerbach
> A land-rush pursuant to previously-existing rights. So it's first come > first serve, unless it isn't. Trademark holders have no "previously-existing rights" in the domain name space. Rather, they are trying to create *new* rights at the expense of others who happened to learn about the In

Re: [IFWP] Political Domain Name story

1999-08-12 Thread Karl Auerbach
> I suppose under the universal principle of justice you set forth below that > if you didn't lock your house and somebody came in and stole your stuff, > that you wouldn't consider it theft because, hey, you weren't prudent. > >Overall I submit that it is better let those who aren't prudence op

Re: [IFWP] Political Domain Name story

1999-08-12 Thread Martin B. Schwimmer
A land-rush pursuant to previously-existing rights. So it's first come first serve, unless it isn't. At 10:34 AM 8/12/99 -0400, you wrote: >>I suppose under the universal principle of justice you set forth below that >>if you didn't lock your house and somebody came in and stole your stuff,

Re: [IFWP] Political Domain Name story

1999-08-12 Thread Mikki Barry
>I suppose under the universal principle of justice you set forth below that >if you didn't lock your house and somebody came in and stole your stuff, >that you wouldn't consider it theft because, hey, you weren't prudent. Bad analogy. Your house is, by definition, yours. A character string bel

RE: [IFWP] Political Domain Name story

1999-08-12 Thread Jean-Michel Becar
ailto:[EMAIL PROTECTED]] > Sent: Thursday, August 12, 1999 16:35 > To: [EMAIL PROTECTED] > Subject: Re: [IFWP] Political Domain Name story > > > I suppose under the universal principle of justice you set > forth below that > if you didn't lock your house and somebody

Re: [IFWP] Political Domain Name story

1999-08-12 Thread Martin B. Schwimmer
I suppose under the universal principle of justice you set forth below that if you didn't lock your house and somebody came in and stole your stuff, that you wouldn't consider it theft because, hey, you weren't prudent. At 05:33 PM 8/11/99 -0700, you wrote: > >> maybe, maybe not. I don't know i

Re: [IFWP] Political Domain Name story

1999-08-12 Thread Dan Steinberg
[EMAIL PROTECTED] wrote: > > Karl Auerbach wrote: > > > > So if Willy can demonstrate under existing laws that there is > > a violation > > to his right of publicity, common law trademark, that the other use is > > false advertising or interferes with a prospective advantage, > > or is unfair >

RE: [IFWP] Political Domain Name story

1999-08-11 Thread Karl Auerbach
> Probably not in the US, but we surely need the same legislation to apply > worldwide. > I would like to be sure that the willybrown case is treated in the same way > as jacquesdupont or mariorossi or fritzmeier or azizjamal, wherever the > plaintiff, defendant and Registry are located. > And t

RE: [IFWP] Political Domain Name story

1999-08-11 Thread R . Gaetano
Karl Auerbach wrote: > > So if Willy can demonstrate under existing laws that there is > a violation > to his right of publicity, common law trademark, that the other use is > false advertising or interferes with a prospective advantage, > or is unfair > competion, then fine. > > It appears th

Re: [IFWP] Political Domain Name story

1999-08-11 Thread Karl Auerbach
> maybe, maybe not. I don't know if Brown would prevail on those theories - It certainly seems to me that my internal sense of justice is pretty well defined by those existing theories. I would hope that the answers we are looking for are "justice", not "commercial advantage over non-commerial

Re: [IFWP] Political Domain Name story

1999-08-11 Thread Martin B. Schwimmer
maybe, maybe not. I don't know if Brown would prevail on those theories - just that those would be plausible thoeries for his lawyer to consider. As previously stated, my speculation was based on one news article that doesn't give all the facts necessary to properly evaluate Mayor Brown's theore

Re: [IFWP] Political Domain Name story

1999-08-11 Thread Mikki Barry
>Ah! Nice to see a little humor here for a change! But we should >be careful: they may line up the same list of contributors as did >ICANN. > >Bill Lovell Then they'll be over 1/2 million in the hole for legal fees alone. Can't have that :-)

Re: [IFWP] Political Domain Name story

1999-08-11 Thread Bill Lovell
At 07:48 PM 8/11/99 -0400, you wrote: >>No argument from me. I've been trying to convince INTA for years >>(obviously with very limited success ). Someone please tell WIPO >>so we can all move on to something else? > >Tried to tell WIPO, but they don't have an alternate funding scheme in >operat

Re: [IFWP] Political Domain Name story

1999-08-11 Thread Mikki Barry
>No argument from me. I've been trying to convince INTA for years >(obviously with very limited success ). Someone please tell WIPO >so we can all move on to something else? Tried to tell WIPO, but they don't have an alternate funding scheme in operation yet.

Re: [IFWP] Political Domain Name story

1999-08-11 Thread Dan Steinberg
Bill Lovell wrote: > > At 04:37 PM 8/11/99 -0700, you wrote: > > > >> Willie Brown possibly has superior rights to williebrown.com, > >> williebrownjr.com and damayor.com vis a vis Andy Hasse because Mr. Hasse > >> appears to have obtained domain names likely to be associated with Willie > >> B

Re: [IFWP] Political Domain Name story

1999-08-11 Thread Bill Lovell
At 04:37 PM 8/11/99 -0700, you wrote: > >> Willie Brown possibly has superior rights to williebrown.com, >> williebrownjr.com and damayor.com vis a vis Andy Hasse because Mr. Hasse >> appears to have obtained domain names likely to be associated with Willie >> Brown, the mayor of San Francisco, po

Re: [IFWP] Political Domain Name story

1999-08-11 Thread Karl Auerbach
> Willie Brown possibly has superior rights to williebrown.com, > williebrownjr.com and damayor.com vis a vis Andy Hasse because Mr. Hasse > appears to have obtained domain names likely to be associated with Willie > Brown, the mayor of San Francisco, possibly in a way calculated to harm > Mayor

Re: [IFWP] Political Domain Name story

1999-08-11 Thread Jeff Williams
Martin and all, Very good and mostly accurate analysis in this instance. But now enter the ICANN "Accreditation Policy". Does Williesucks.com or Willisbrwonsucks.com for instance constitute an "Abusive" DN? In that the ICANN has not accurately defined what "Abusive" as in the context of a D

Re: [IFWP] Political Domain Name story

1999-08-11 Thread Martin B. Schwimmer
He doesn't have to have superior rights via a vis everyone else in the world in this particular matter - he has to have superior rigths vis a vis defendant. The thought that plaintiff has to have the best rights in the world to a name is a fundamental misunderstanding of intellectual property law

Re: [IFWP] Political Domain Name story

1999-08-11 Thread Karl Auerbach
> "williebrown.com, williebrownjr.com, damayor.com He's only "Willie" to his friends. The rest of us have to call him William. So what do we reserve to his personal use, his given name, his last name, his nicknames? I guess Willy Brown and George W. Bush now have something in common -- they d

Re: [IFWP] Political Domain Name story

1999-08-11 Thread Jeff Williams
Martin and all, As a matter of fact there are two Willie Brown's that are mayors in the state of texas, and one that is Williw Brown Jr. as well... Martin B. Schwimmer wrote: > Did you read the article? > > If you were talking about brown.com (or even williebrown.com in another > context) I m

Re: [IFWP] Political Domain Name story

1999-08-11 Thread Jeff Williams
Patrick and all, I have got to say, this is a good question? Patrick Greenwell wrote: > On Wed, 11 Aug 1999, Martin B. Schwimmer wrote: > > > DOMAIN FIGHT CAUSES BROWN OUT (POL. Tuesday) > > http://www.wired.com/news/news/email/explode-infobeat/politics/story/21201.h > > tml > > > >

Re: [IFWP] Political Domain Name story

1999-08-11 Thread Patrick Greenwell
On Wed, 11 Aug 1999, Martin B. Schwimmer wrote: > Did you read the article? Indeed I did. > If you were talking about brown.com (or even williebrown.com in another > context) I might agree with you except the article states that the names > taken were: > > "williebrown.com, williebrownjr.com,

Re: [IFWP] Political Domain Name story

1999-08-11 Thread Martin B. Schwimmer
Did you read the article? If you were talking about brown.com (or even williebrown.com in another context) I might agree with you except the article states that the names taken were: "williebrown.com, williebrownjr.com, damayor.com, frankjordan.com, jordanformayor.com -- and even williesucks.com

Re: [IFWP] Political Domain Name story

1999-08-11 Thread Patrick Greenwell
On Wed, 11 Aug 1999, Martin B. Schwimmer wrote: > DOMAIN FIGHT CAUSES BROWN OUT (POL. Tuesday) > http://www.wired.com/news/news/email/explode-infobeat/politics/story/21201.h > tml > >An opportunistic cybersquatter who holds key domain names in >the race for San Francis