[IFWP] Re: Trademarks vs DNS

1999-02-17 Thread Kerry Miller
Bill, If by the above you mean it is necessary to recite the classification of the trademark, that will not fly, and in any case the classification is only a device for the purpose of the USPTO in any event, and does not define the scope of the goods or services encompassed by the mark.

[IFWP] Re: Trademarks vs DNS

1999-02-16 Thread Kerry Miller
--- /William, 3. Consumer-driven e-commerce will only work in chartered TLDs if there are no unchartered TLDs. In other words, who the hell wants to be ford.automakers when you can be ford.com, especially when .automakers is one of thousands of chartered

Re: [IFWP] RE: Trademarks vs DNS

1999-02-16 Thread Dr Eberhard W Lisse
On Mon, 15 Feb 1999, William X. Walsh wrote: On 16-Feb-99 Dr Eberhard W Lisse wrote: Oh, I agree with you entirely, unless, for instance, the chartering authority were to take care of that for you by, say, issuing valid PGP keys before a domain application was even possible.

Re: [IFWP] RE: Trademarks vs DNS

1999-02-16 Thread Roeland M.J. Meyer
At 08:39 PM 2/15/99 -0800, William X. Walsh wrote: On 16-Feb-99 Dr Eberhard W Lisse wrote: Oh, I agree with you entirely, unless, for instance, the chartering authority were to take care of that for you by, say, issuing valid PGP keys before a domain application was even possible. I

Re: [IFWP] Re: Trademarks vs DNS

1999-02-16 Thread Einar Stefferud
I have some interesting value questions (I hope)... 1. What is the value of an SLD in a Chartered TLD if the TLD "name-string" does not work with the desired SLD name-string. 2. What is the value of an SLD in a chartered TLD if the business changes over time, such that the charter

Re: [IFWP] RE: Trademarks vs DNS

1999-02-16 Thread William X. Walsh
On 16-Feb-99 Roeland M.J. Meyer wrote: NOW we go back up a few thousand feet to the primary question, do TLD charters serve a purpose? In this specific context, will they help with the TM vs DNS problem? Bill and Marty both say that they will. Personally, I have always believed in

Re: [IFWP] RE: Trademarks vs DNS

1999-02-16 Thread Roeland M.J. Meyer
At 08:40 AM 2/16/99 +0200, Dr Eberhard W Lisse wrote: On Mon, 15 Feb 1999, William X. Walsh wrote: On 16-Feb-99 Dr Eberhard W Lisse wrote: Oh, I agree with you entirely, unless, for instance, the chartering authority were to take care of that for you by, say, issuing valid PGP keys

Re: [IFWP] RE: Trademarks vs DNS

1999-02-16 Thread William X. Walsh
On 16-Feb-99 Roeland M.J. Meyer wrote: I am purely looking at the implementation. If implementation is not possible, we can stop wasting time and insults on the issue. I don't think implementation is the major issue at the moment. Certainly it is. Arguments have been put out there that

Re: [IFWP] RE: Trademarks vs DNS

1999-02-16 Thread Dr Eberhard W Lisse
On Tue, 16 Feb 1999, Roeland M.J. Meyer wrote: NOW we go back up a few thousand feet to the primary question, do TLD charters serve a purpose? Why should they when they can not be enforced? el

Re: [IFWP] RE: Trademarks vs DNS

1999-02-16 Thread Dr Eberhard W Lisse
In message 000501be5955$5a47cde0$[EMAIL PROTECTED], "Antony Va n Couvering" writes: Eberhard Lisse wrote, But then, you agree with what I am saying, someone has to decide: "Is this registration appropriate for the proposed domain?" Even if AI worked, there is just nothing around that

Re: [IFWP] Re: Trademarks vs DNS

1999-02-16 Thread Alex Kamantauskas
On Mon, 15 Feb 1999, William X. Walsh wrote: Question to the list : anyone familiar with Texas law? Is the public posting of a message here for a meeting that does not exist a violation of any Texas Laws? If someone were to make this trip and find (not surprisingly) that the meeting was

Re: [IFWP] RE: Trademarks vs DNS

1999-02-16 Thread Roeland M.J. Meyer
At 12:44 AM 2/16/99 -0800, William X. Walsh wrote: On 16-Feb-99 Roeland M.J. Meyer wrote: NOW we go back up a few thousand feet to the primary question, do TLD charters serve a purpose? In this specific context, will they help with the TM vs DNS problem? Bill and Marty both say that

Re: [IFWP] RE: Trademarks vs DNS

1999-02-16 Thread Roeland M.J. Meyer
At 11:28 AM 2/16/99 +0200, Dr Eberhard W Lisse wrote: On Tue, 16 Feb 1999, Roeland M.J. Meyer wrote: NOW we go back up a few thousand feet to the primary question, do TLD charters serve a purpose? Why should they when they can not be enforced? That is the second part of the question. To

Re: [IFWP] RE: Trademarks vs DNS

1999-02-16 Thread Dr Eberhard W Lisse
In message [EMAIL PROTECTED], "Roeland M.J. Meyer" wri tes: At 11:28 AM 2/16/99 +0200, Dr Eberhard W Lisse wrote: On Tue, 16 Feb 1999, Roeland M.J. Meyer wrote: NOW we go back up a few thousand feet to the primary question, do TLD charters serve a purpose? Why should they when they

Re: [IFWP] RE: Trademarks vs DNS

1999-02-16 Thread Dr Eberhard W Lisse
Marty, In message [EMAIL PROTECTED], "Martin B. Schwimmer" writes: So I think the short answer to Mr. Meyer's question is that the registrar only ensure that the form be filled out properly (Without having to make discretionary deciisons as to the content of an answer) Actually, come to

RE: [IFWP] RE: Trademarks vs DNS

1999-02-16 Thread Antony Van Couvering
On Tue, 16 Feb 1999, Roeland M.J. Meyer wrote: NOW we go back up a few thousand feet to the primary question, do TLD charters serve a purpose? Why should they when they can not be enforced? el [AVC] - Even though they are unenforceable, they might well serve a purpose. A set of rules

[IFWP] Re: Trademarks vs DNS

1999-02-16 Thread Kerry Miller
William, If chartered TLDs are the rule rather than an option, we will be stifling business and innovation, by forcing people to narrowly categorize their intents. WHy should categorization be stifling? Wouldn't second-level space give you enough room to move? kerry

RE: [IFWP] RE: Trademarks vs DNS

1999-02-16 Thread William X. Walsh
On 16-Feb-99 Antony Van Couvering wrote: [AVC] - Even though they are unenforceable, they might well serve a purpose. A set of rules governing use don't have to be applied beforehand, although there should be an element of this. A set of rules can also serve to disqualify any protest

Re: [IFWP] RE: Trademarks vs DNS

1999-02-16 Thread William X. Walsh
Please bear in mind that when I suggest that "charters" or "structuring" can alleviate certain types of DN/TM disputes I am referring only to TLDs that will be used for commercial purposes - where the applicants themselves choose to be designated as such. Now Antony has asked the

RE: [IFWP] Re: Trademarks vs DNS

1999-02-16 Thread William X. Walsh
On 16-Feb-99 Kerry Miller wrote: William, If chartered TLDs are the rule rather than an option, we will be stifling business and innovation, by forcing people to narrowly categorize their intents. WHy should categorization be stifling? Wouldn't second-level space give

RE: [IFWP] RE: Trademarks vs DNS

1999-02-16 Thread Roeland M.J. Meyer
At 01:40 PM 2/16/99 -0800, William X. Walsh wrote: On 16-Feb-99 Antony Van Couvering wrote: [AVC] - Even though they are unenforceable, they might well serve a purpose. A set of rules governing use don't have to be applied beforehand, although there should be an element of this. A set of

RE: [IFWP] RE: Trademarks vs DNS

1999-02-16 Thread William X. Walsh
On 16-Feb-99 Roeland M.J. Meyer wrote: This argument was made, in the past, for complaining about COM/NET, in that, ISPs had to have both domains as NET was supposed to be for Internet infrastructure-only. And we've seen how well that worked, huh? :) --

Re: [IFWP] RE: Trademarks vs DNS

1999-02-16 Thread Einar Stefferud
Hi Antony -- I need to challenge some of your points;-)... From your message Tue, 16 Feb 1999 12:33:43 -0500: } } } On Tue, 16 Feb 1999, Roeland M.J. Meyer wrote: } } NOW we go back up a few thousand feet to the primary question, do TLD } charters serve a purpose? } } Why should they when they

Re: [IFWP] RE: Trademarks vs DNS

1999-02-16 Thread William X. Walsh
Can we either remove the exploder list from our responses, or remove the lists that the exploder list sends to, so that the lists don't get two copies of every message in this thread? -- E-Mail: William X. Walsh [EMAIL PROTECTED] Date: 16-Feb-99 Time: 16:00:46

Re: [IFWP] Re: Trademarks vs DNS

1999-02-16 Thread jeff Williams
Alex and William, Please do attempt this legal approach. After you have been made a fool of in court, we will than pursue legal abuse and filing a false legal action against anyone whom makes such an attempt. Alex Kamantauskas wrote: On Mon, 15 Feb 1999, William X. Walsh wrote:

Re: [IFWP] RE: Trademarks vs DNS

1999-02-16 Thread William X. Walsh
On 17-Feb-99 William X. Walsh wrote: Can we either remove the exploder list from our responses, or remove the lists that the exploder list sends to, so that the lists don't get two copies of every message in this thread? grumble I did it myself :) And here I had tried to be so

Re: [IFWP] RE: Trademarks vs DNS

1999-02-15 Thread jeff Williams
Milton and all, Milton Mueller wrote: Roeland M.J. Meyer wrote: Martin makes a really good case for enforcing TLD charters. NSI has allowed them to erode simply because the TLD space has been frozen. Do you think enforced TLD charters would help in reducing this trademark pressure?

Re: [IFWP] RE: Trademarks vs DNS

1999-02-15 Thread Roeland M.J. Meyer
At 11:35 PM 2/14/99 -0500, Milton Mueller wrote: Roeland M.J. Meyer wrote: Martin makes a really good case for enforcing TLD charters. NSI has allowed them to erode simply because the TLD space has been frozen. Do you think enforced TLD charters would help in reducing this trademark

RE: [IFWP] RE: Trademarks vs DNS

1999-02-15 Thread Antony Van Couvering
Roeland M.J. Meyer wrote: Martin makes a really good case for enforcing TLD charters. NSI has allowed them to erode simply because the TLD space has been frozen. Do you think enforced TLD charters would help in reducing this trademark pressure? Enforced by whom? Enforced how? --MM

Re: [IFWP] RE: Trademarks vs DNS

1999-02-15 Thread William X. Walsh
Roeland M.J. Meyer wrote: Martin makes a really good case for enforcing TLD charters. NSI has allowed them to erode simply because the TLD space has been frozen. Do you think enforced TLD charters would help in reducing this trademark pressure? I don't agree with this assumption.

Re: [IFWP] RE: Trademarks vs DNS

1999-02-15 Thread Roeland M.J. Meyer
At 11:13 AM 2/13/99 -0800, Bill Lovell wrote: At 01:35 AM 2/13/99 -0800, you wrote: Martin makes a really good case for enforcing TLD charters. NSI has allowed them to erode simply because the TLD space has been frozen. Do you think enforced TLD charters would help in reducing this trademark

Re: [IFWP] RE: Trademarks vs DNS

1999-02-15 Thread jeff Williams
William and all, William X. Walsh wrote: On 15-Feb-99 Roeland M.J. Meyer wrote: At this point, the mechanism is unimportant. It may very well be unmanageable, however we need to discuss desirability first, before wasting time discussing implementation of something which is possibly

Re: [IFWP] RE: Trademarks vs DNS

1999-02-15 Thread jeff Williams
William and all, William X. Walsh wrote: Roeland M.J. Meyer wrote: Martin makes a really good case for enforcing TLD charters. NSI has allowed them to erode simply because the TLD space has been frozen. Do you think enforced TLD charters would help in reducing this trademark

Re: [IFWP] RE: Trademarks vs DNS

1999-02-15 Thread jeff Williams
Antony and all, Antony Van Couvering wrote: Roeland M.J. Meyer wrote: Martin makes a really good case for enforcing TLD charters. NSI has allowed them to erode simply because the TLD space has been frozen. Do you think enforced TLD charters would help in reducing this

Re: [IFWP] RE: Trademarks vs DNS

1999-02-15 Thread Bill Lovell
At 10:26 PM 2/14/99 -0800, you wrote: At 11:13 AM 2/13/99 -0800, Bill Lovell wrote: At 01:35 AM 2/13/99 -0800, you wrote: Martin makes a really good case for enforcing TLD charters. NSI has allowed them to erode simply because the TLD space has been frozen. Do you think enforced TLD charters

RE: [IFWP] RE: Trademarks vs DNS

1999-02-15 Thread Roeland M.J. Meyer
At 12:55 AM 2/15/99 -0500, Antony Van Couvering wrote: Roeland M.J. Meyer wrote: Martin makes a really good case for enforcing TLD charters. NSI has allowed them to erode simply because the TLD space has been frozen. Do you think enforced TLD charters would help in reducing this

RE: [IFWP] RE: Trademarks vs DNS

1999-02-15 Thread Roeland M.J. Meyer
At 10:16 AM 2/15/99 +0200, Dr Eberhard W Lisse wrote: Antony, On Mon, 15 Feb 1999, Antony Van Couvering wrote: Milton's point is the good one and the obvious one. Chartered TLDs only make sense if the charter can be enforced. They can only be enforced under the following circumstances:

RE: [IFWP] RE: Trademarks vs DNS

1999-02-15 Thread William X. Walsh
On 15-Feb-99 Roeland M.J. Meyer wrote: Not necessarily. Given sufficient resources and careful crafting of requirements, all things are implement able. It is largely a matter of cost/effectiveness. IOW, is the solution larger than the problem? To answer that, one must first define the

RE: [IFWP] RE: Trademarks vs DNS

1999-02-15 Thread Roeland M.J. Meyer
At 01:17 AM 2/15/99 -0800, William X. Walsh wrote: On 15-Feb-99 Roeland M.J. Meyer wrote: Not necessarily. Given sufficient resources and careful crafting of requirements, all things are implement able. It is largely a matter of cost/effectiveness. IOW, is the solution larger than the

[IFWP] Re: Trademarks vs DNS

1999-02-15 Thread Kerry Miller
Antony, 3. Consumer-driven e-commerce will only work in chartered TLDs if there are no unchartered TLDs. In other words, who the hell wants to be ford.automakers when you can be ford.com, especially when .automakers is one of thousands of chartered TLDs? I suggest that if the mandate

RE: [IFWP] Re: Trademarks vs DNS

1999-02-15 Thread William X. Walsh
On 15-Feb-99 Kerry Miller wrote: Antony, 3. Consumer-driven e-commerce will only work in chartered TLDs if there are no unchartered TLDs. In other words, who the hell wants to be ford.automakers when you can be ford.com, especially when .automakers is one of thousands of

Re: [IFWP] Re: Trademarks vs DNS

1999-02-15 Thread Roeland M.J. Meyer
At 11:27 AM 2/15/99 -0800, Bill Lovell wrote: At 02:49 AM 2/15/99 +00-04, you wrote: As for *implementation, it seems like an ideal place to use XML. What browsers/email packages now accommodate XML? Netscape and IE4 both do partial XML (different parts, of course). It is generally still

Re: [IFWP] RE: Trademarks vs DNS

1999-02-15 Thread Dr Eberhard W Lisse
Antony, In message 001301be58c3$979a6e60$[EMAIL PROTECTED], "Antony Van Couvering" writes: Milton's point is the good one and the obvious one. Chartered TLDs only make sense if the charter can be enforced. They can only be enforced under the following circumstances: snip)

Re: [IFWP] Re: Trademarks vs DNS

1999-02-15 Thread Bill Lovell
At 11:55 AM 2/15/99 -0800, you wrote: At 11:27 AM 2/15/99 -0800, Bill Lovell wrote: At 02:49 AM 2/15/99 +00-04, you wrote: As for *implementation, it seems like an ideal place to use XML. What browsers/email packages now accommodate XML? Netscape and IE4 both do partial XML (different parts,

Re: [IFWP] Re: Trademarks vs DNS

1999-02-15 Thread jeff Williams
William and all, To bad they (Ml.org) did not do a very good check on you. However I am not suprised given your rather weak efforts in other areas. William X. Walsh wrote: On 15-Feb-99 Kerry Miller wrote: Antony, 3. Consumer-driven e-commerce will only work in chartered TLDs

Re: [IFWP] Re: Trademarks vs DNS

1999-02-15 Thread William X. Walsh
Yeah, Jeff, ok :) Still waiting for a factual refutation of the facts at : http://www.dso.net/wwalsh/jeffw/ -- E-Mail: William X. Walsh [EMAIL PROTECTED] Date: 15-Feb-99 Time: 15:06:18 -- "We may well be on our way to a

Re: [IFWP] Re: Trademarks vs DNS

1999-02-15 Thread jeff Williams
William and all, Problem is they are obvious fakes. I already talked to your Mr Frosty! Is he a relation to "Frosty the snow Man" By any chance! LOL! Facts my ass! William X. Walsh wrote: Yeah, Jeff, ok :) Still waiting for a factual refutation of the facts at :

Re: [IFWP] Re: Trademarks vs DNS

1999-02-15 Thread William X. Walsh
OK, I'll post this response on the website as a response to a request for a factual response. However, if this report is false, then it would be a real simple matter for you to prove it and silent all critics. All you need is a few simple facts. That you won't (and have never) posted these

Re: [IFWP] RE: Trademarks vs DNS

1999-02-14 Thread Milton Mueller
Roeland M.J. Meyer wrote: Martin makes a really good case for enforcing TLD charters. NSI has allowed them to erode simply because the TLD space has been frozen. Do you think enforced TLD charters would help in reducing this trademark pressure? Enforced by whom? Enforced how? --MM

Re: [IFWP] RE: Trademarks vs DNS

1999-02-13 Thread Ellen Rony
Roberto Gaetano wrote: A trademark is not only a string of ASCII characters, it is (potentially) a logo that is immediately recognizable even for people that do not read. Yes, and I wish we could get past the continual comparisons of trademarks and domain names. A trademark is geographically

Re: [IFWP] RE: Trademarks vs DNS

1999-02-13 Thread jeff Williams
Ellen and all, We couldn't agree with you more here Ellen. It seems that there are some "Interested Parties" that feel or believe that TM's and DN's have some sort of relationship that is special with regard to Domain Names. These folks that argue this point usually have very little in depth

[IFWP] RE: Trademarks vs DNS

1999-02-13 Thread Roeland M.J. Meyer
At 07:23 PM 2/12/99 -0800, Bill Lovell wrote: At 07:10 PM 2/12/99 -0500, you wrote: Let's rename this thread trademarks/DNS instead of trademarks vs. DNS. The point of the thread (and btw hats off to Mr. Meyers for trying to get the class to behave) is hopefully to have discussions which could

Re: [IFWP] RE: Trademarks vs DNS

1999-02-13 Thread Roeland M.J. Meyer
At 09:34 PM 2/12/99 -0800, Ellen Rony wrote: Roberto Gaetano wrote: A trademark is not only a string of ASCII characters, it is (potentially) a logo that is immediately recognizable even for people that do not read. Yes, and I wish we could get past the continual comparisons of trademarks and

Re: [IFWP] RE: Trademarks vs DNS

1999-02-13 Thread Bill Lovell
At 01:35 AM 2/13/99 -0800, you wrote: Martin makes a really good case for enforcing TLD charters. NSI has allowed them to erode simply because the TLD space has been frozen. Do you think enforced TLD charters would help in reducing this trademark pressure? Not being perfectly certain of the

Re: [IFWP] Re: list Re: Trademarks vs DNS

1999-02-12 Thread Bill Lovell
At 10:38 PM 2/11/99 -0500, you wrote: I may fall out of my chair, but I am not laughing. Bill Lovell is correct as far as he goes: WIPO has no authority to create administrative law. But the problem is ICANN, not WIPO per se. If ICANN, in its monopoly position, decides to adopt WIPO's

[IFWP] Re: Trademarks vs DNS

1999-02-12 Thread Kerry Miller
-- / theory Roeland wrote, "The" thread has a way of being hard to pin down in c-space, doesnt it? Provided that it stays within certain parameters, I don't have too tough a time of it. I agree. Up to a point in the cognitive process, the human brain is remarkably

[IFWP] Re: Trademarks vs DNS -Reply -Reply

1999-02-12 Thread jeff Williams
Kevin and all, Kevin, William is often misstating others positions, as his one time employer has pointed out (.TJ). He seems to have this propensity and displays it often. Kevin J. Connolly wrote: Mr. Walsh, You've misstated my position. I am opposed to mandatory arbitration. I am in

[IFWP] Re: Trademarks vs DNS

1999-02-12 Thread Roeland M.J. Meyer
[re-threaded] At 02:48 PM 2/12/99 -0800, Bill Lovell wrote: At 04:58 PM 2/12/99 -0500, you wrote: A federal district court in California has recently opined on a " famousmarkssucks.com" cite. Bally Total Fitness Holding Corp. v. Faber, C.D. Cal., No. CV 98-1278 DDP (MANx), 12/21/98 ).

[IFWP] Re: Trademarks vs DNS

1999-02-12 Thread Roeland M.J. Meyer
[re-threaded] At 08:02 PM 2/11/99 -0500, Martin B. Schwimmer wrote: A This case also provides a splendid example of how the WIPO process could muck things up. Consider- a) There is no assurance whatsoever that the WIPO process would have engaged in an identical analysis. This is a chauvinist

[IFWP] Re: Trademarks vs DNS

1999-02-12 Thread Roeland M.J. Meyer
[re-threaded] At 06:12 PM 2/11/99 -0500, Harold Feld wrote: A federal district court in California has recently opined on a " famousmarkssucks.com" cite. Bally Total Fitness Holding Corp. v. Faber, C.D. Cal., No. CV 98-1278 DDP (MANx), 12/21/98 ). (sorry, the only URL I have is a BNA

RE: [IFWP] Re: Trademarks vs DNS

1999-02-12 Thread William X. Walsh
Why are these messages being reposted to the list again? On 12-Feb-99 Roeland M.J. Meyer wrote: [re-threaded] At 06:12 PM 2/11/99 -0500, Harold Feld wrote: A federal district court in California has recently opined on a " famousmarkssucks.com" cite. Bally Total Fitness Holding

Re: [IFWP] Re: Trademarks vs DNS

1999-02-12 Thread Ellen Rony
Bill Lovell wrote: Perhaps originally, but that is no longer the case. Several decisions have said that NSI had NO duty to carry out TM analyses, and the mere registration of a domain name cannot constitute TM infringement. Consequently, what sorry excuse there ever existed for their having made

Re: [IFWP] Re: list Re: Trademarks vs DNS

1999-02-11 Thread Dr Eberhard W Lisse
In message [EMAIL PROTECTED], Kent Crispin writes: On Wed, Feb 10, 1999 at 07:50:22PM -0500, Milton Mueller wrote: Bill: You are right and Crispin, as usual, is not only wrong, but manipulatively wrong. WIPO's proposals have nothing to do with trademark law. They are an attempt to

Re: [IFWP] Re: list Re: Trademarks vs DNS

1999-02-11 Thread Bill Lovell
At 06:17 PM 2/10/99 -0800, you wrote: On Wed, Feb 10, 1999 at 07:50:22PM -0500, Milton Mueller wrote: Bill: You are right and Crispin, as usual, is not only wrong, but manipulatively wrong. WIPO's proposals have nothing to do with trademark law. They are an attempt to exploit the bottleneck

[IFWP] Re: Trademarks vs DNS

1999-02-11 Thread Bill Lovell
At 09:31 AM 2/10/99 -0800, you wrote: My position has always been simple: where should the primary burden of protecting trademark interests lie? Answer: The primary burden for policing and enforcement must lie with TM holders, as it always has. This is the way it has always been in the

[IFWP] Re: Trademarks vs DNS

1999-02-11 Thread Roeland M.J. Meyer
At 01:51 PM 2/10/99 -0800, Bill Lovell wrote: At 11:40 AM 2/10/99 -0800, Kent Crispin wrote: On Wed, Feb 10, 1999 at 10:33:33AM -0800, Bill Lovell wrote: It's nice that you are offering ideas, but they would probably be taken more seriously if you became a little more familiar with what is

[IFWP] Re: Trademarks vs DNS

1999-02-11 Thread Roeland M.J. Meyer
At 06:46 AM 2/10/99 +00-04, Kerry Miller wrote: Roeland wrote: The first question I have is whether we want to restrict this to the IFWP list, or one of the other lists? IMHO, the IFWP list seems to be neutral ground. Posting to all four lists is a PITA for everyone. Could we think of it

[IFWP] Re: Trademarks vs DNS /discussion

1999-02-11 Thread Roeland M.J. Meyer
At 03:07 PM 2/10/99 -0800, Greg Skinner wrote: [EMAIL PROTECTED] (Kerry Miller) wrote: But it also leads me to wonder if we have been too literal in construing the *third level namespace. Is there a functional problem if www.nma.com was one ownership, and xxx.nma.com was another? (Each one

[IFWP] Re: Trademarks vs DNS

1999-02-11 Thread Roeland M.J. Meyer
[re-threaded] Please let's not muck with the subject line. At 07:50 PM 2/10/99 -0500, Milton Mueller wrote: Bill: You are right and Crispin, as usual, is not only wrong, but manipulatively wrong. WIPO's proposals have nothing to do with trademark law. They are an attempt to exploit the

[IFWP] Re: Trademarks vs DNS

1999-02-11 Thread Roeland M.J. Meyer
At 10:50 PM 2/10/99 -0500, [EMAIL PROTECTED] wrote: Why to TM attorney's always ignore the administrative portion of the name (the TLD), in their suits? Is there some issue with trademark law that requires them to do this? If there is no such requirement then why do it? What is to be gained?

[IFWP] Re: Trademarks vs DNS

1999-02-11 Thread Michael Sondow
Bill Lovell a écrit: The "rules" on TM-DN issues are going to be made by the courts, which have jurisdiction, and not by any of these alphabet soups, which do not. Haven't you read the WIPO report and the ICANN Accreditation Guidelines? The rules are being made right now, by ICANN. There

[IFWP] RE: Trademarks vs DNS

1999-02-11 Thread Roberto Gaetano
Roeland, I find this issue (Trademark vs. DNS) very interesting and important, but I disagree on the fact that this is the key difference on the two drafts. In fact, this (Trademark vs. DNS) will be one of the endless debates within the DSNO, if and when it will be formed, but is not a divide

Re: [IFWP] Re: Trademarks vs DNS

1999-02-11 Thread Roeland M.J. Meyer
At 06:10 AM 2/11/99 -0500, Michael Sondow wrote: Bret A. Fausett a écrit: I certainly see the trademark groups playing a role in the DNSO. Both drafts allow for their participation -- one expressly gives them a constituency and the other provides them the opportunity to form a constituency.

[IFWP] Re: Trademarks vs DNS

1999-02-11 Thread Roeland M.J. Meyer
At 11:19 AM 2/11/99 -0500, Martin B. Schwimmer wrote: Do I have do something to subscribe to the [EMAIL PROTECTED] list? That list is a mechanical convenience. It's members are all the other lists. It is a simple forwarding mechanism. Yes, you can use it too, iff you are already subscribed to

Re: [IFWP] Re: Trademarks vs DNS /discussion

1999-02-11 Thread Greg Skinner
"Roeland M.J. Meyer" [EMAIL PROTECTED] wrote: At 03:07 PM 2/10/99 -0800, Greg Skinner wrote: [EMAIL PROTECTED] (Kerry Miller) wrote: But it also leads me to wonder if we have been too literal in construing the *third level namespace. Is there a functional problem if www.nma.com was one

[IFWP] Re: Trademarks vs DNS

1999-02-11 Thread Kerry Miller
--- /discussion Date: Thu, 11 Feb 1999 00:50:13 -0800 From: "Roeland M.J. Meyer" [EMAIL PROTECTED] Subject: [IFWP] Re: Trademarks vs DNS Could we think of it as a tree, with subsections branching into other lists? 1) Too hard to follow, 2) The o

Re: [IFWP] Re: list Re: Trademarks vs DNS

1999-02-11 Thread Milton Mueller
I may fall out of my chair, but I am not laughing. Bill Lovell is correct as far as he goes: WIPO has no authority to create administrative law. But the problem is ICANN, not WIPO per se. If ICANN, in its monopoly position, decides to adopt WIPO's recommendations then it can exploit its monopoly

Re: Trademarks vs DNS

1999-02-10 Thread Bill Lovell
At 03:28 PM 2/9/99 -0800, you wrote: Hello Bret and Roeland and all -- The AIP concepts of Research Committees that are obligated to fair evaluation of the related issues is one way to reduce this tension and leave the decisions to fair minded research committees. The "rules" on TM-DN

Re: Trademarks vs DNS

1999-02-10 Thread Diane Cabell
Greg Skinner wrote: "If the DNS namespace had been laid out originally with hierarchies that represent the scope of organizational trademarks or service marks, would the trademark interests still have objections? What would the objections be -- name dilution? potential infringement?

Re: Trademarks vs DNS

1999-02-10 Thread Greg Skinner
"vinton g. cerf" [EMAIL PROTECTED] wrote: roughly what I said is that domain names must be unique (that is, only only target "host" can have a given domain name) but that trademarks, because of the way they are granted, can be applied to more than one entity (product, service). It is not

Re: Trademarks vs DNS

1999-02-10 Thread Einar Stefferud
Hello Bret and Roeland and all -- I am afraid that the implications of policy positions of various factions has a great deal to do with the entire issue of allocation of membership constituency votes to board seats, as the policy issues guide submerged motives for favoring one or another

Re: Trademarks vs DNS

1999-02-10 Thread Jay Fenello
At 2/9/99, 01:00 PM, Roeland M.J. Meyer wrote: I'm just tossing this to start things off. It addresses the fundamental issue wrt trademarks. It is an insight that I think we can all agree with at some level. Much of the disagreements between the two drafts are on trademark issues. I feel that it

RE: Trademarks vs DNS

1999-02-10 Thread David Schutt
: Trademarks vs DNS Roeland M.J. Meyer wrote: The big rift, between Barcelona/Monterrey and Washington DC, *is* the involvement of the trademark contingent. Do you disagree? Yes. I don't think anyone is suggesting that trademark interests don't have a legitimate interest in DNS issues

Re: Trademarks vs DNS

1999-02-10 Thread Roeland M.J. Meyer
At 07:24 PM 2/9/99 -0800, Bill Lovell wrote: Like I said before, quit legislating chimera: put all the companies into the internet yellow pages and forget it. NONE OF THIS IS IN THE HANDS OF IFWP, MAC, CHEESE, SPAGHETTI, OR WHATEVER ALPHABET YOU WANT. Bill, this is not helping consensus.

Re: Trademarks vs DNS

1999-02-10 Thread Roeland M.J. Meyer
Hello, As I stated on the ORSC list, I will be focusing exclusively on this issue for the duration. These discussions tend to take four to six weeks, so be it. IMHO, we need to get enough agreement that the Paris and Washington DC drafts can be reconciled. Let's see if we can ignore the

Re: Trademarks vs DNS

1999-02-10 Thread Kent Crispin
On Wed, Feb 10, 1999 at 03:09:57PM -0500, Mikki Barry wrote: Kent Crispin said: Your point is completely irrelevant. *ALL* of the discussions have been concerning what can be done in the context of existing trademark law. The WIPO procedures etc are *ALL* things that can be done in the

Re: Trademarks vs DNS

1999-02-10 Thread Bill Lovell
At 11:40 AM 2/10/99 -0800, you wrote: On Wed, Feb 10, 1999 at 10:33:33AM -0800, Bill Lovell wrote: [...] The ideas that I have advanced have been, among others, to (a) use the time-honored Swedish concept of the Ombudsman to look after the average citizen's rights; (b) take the whole

Re: Trademarks vs DNS

1999-02-10 Thread Bill Lovell
At 01:28 PM 2/10/99 -0800, you wrote: On Wed, Feb 10, 1999 at 03:09:57PM -0500, Mikki Barry wrote: Kent Crispin said: Please re-read what I wrote. Of *course* the WIPO draft "contemplates" things beyond current law -- that's the whole point. The question is whether the draft specifies things

Trademarks vs DNS /discussion

1999-02-10 Thread Kerry Miller
Roeland wrote: The first question I have is whether we want to restrict this to the IFWP list, or one of the other lists? IMHO, the IFWP list seems to be neutral ground. Posting to all four lists is a PITA for everyone. Could we think of it as a tree, with subsections branching into

Trademarks vs DNS

1999-02-10 Thread David Schutt
To: [EMAIL PROTECTED] Subject: Re: Trademarks vs DNS On Wed, Feb 10, 1999 at 03:09:57PM -0500, Mikki Barry wrote: Kent Crispin said: Your point is completely irrelevant. *ALL* of the discussions have been concerning what can be done in the context of existing trademark law

Re: Trademarks vs DNS /discussion

1999-02-10 Thread Greg Skinner
[EMAIL PROTECTED] (Kerry Miller) wrote: But it also leads me to wonder if we have been too literal in construing the *third level namespace. Is there a functional problem if www.nma.com was one ownership, and xxx.nma.com was another? (Each one of course could register whatever space they

list Re: Trademarks vs DNS

1999-02-10 Thread Kent Crispin
On Wed, Feb 10, 1999 at 01:57:01PM -0800, Bill Lovell wrote: But it's certainly possible I may have missed something -- perhaps you could list the things WIPO advocates that would break current TM law? Well, predominantly their whole dispute resolution bit. They don't have the authority

list Re: Trademarks vs DNS

1999-02-10 Thread Milton Mueller
Kent Crispin wrote: Of *course* the WIPO draft "contemplates" things beyond current law -- that's the whole point. The question is whether the draft specifies things that can't be implemented because they would *contradict* current law. For example, contractually mandated ADRs are

[IFWP] Re: list Re: Trademarks vs DNS

1999-02-10 Thread Kent Crispin
On Wed, Feb 10, 1999 at 07:50:22PM -0500, Milton Mueller wrote: Bill: You are right and Crispin, as usual, is not only wrong, but manipulatively wrong. WIPO's proposals have nothing to do with trademark law. They are an attempt to exploit the bottleneck power of ICANN's monopoly over the name

Re: Trademarks vs DNS

1999-02-09 Thread Martin B. Schwimmer
Mr. Cerf has identified the essential quality of two different systems (with different purposes) and correctly observed that there is a fundamental conflict in that domain names require only uniqueness (defined as identity) for the DNS to achieve its intended purpose of designating IP hosts

Re: Trademarks vs DNS

1999-02-09 Thread Roeland M.J. Meyer
At 01:21 PM 2/9/99 -0500, Bret A. Fausett wrote: Roeland M.J. Meyer wrote: I'm just tossing this to start things off. It addresses the fundamental issue wrt trademarks. It is an insight that I think we can all agree with at some level. Much of the disagreements between the two drafts are on

Re: Trademarks vs DNS

1999-02-09 Thread Bret A. Fausett
Roeland M.J. Meyer wrote: The big rift, between Barcelona/Monterrey and Washington DC, *is* the involvement of the trademark contingent. Do you disagree? Yes. I don't think anyone is suggesting that trademark interests don't have a legitimate interest in DNS issues. In fact, the White Paper