Legal Solutions? (Re: Conflict resolution?)

[tor@wtv.net (Bob Allisat)]

G. Gervaise Davis III wrote:
>Tony - as an IP lawyer inundated with pleas for help by small businesses
>and individuals who are having their domain names hijacked by large,
>well financed companies who have simply realized that the little guy
>cannot afford to litigate with them, I vehemently disagree that they
>were worked out amiciably - these little guys are the victims of sledge
>hammer attacks by big business - taking advatange of a poorly thought
>out policy by a company (NSI) that simply wants to protect itself from
>angry trademark holders and possible contributory trademark infringement
>liability. NSI and Internic could solve this by leaving the parties to
>the federal courts, where most of the big companies would not dare take
>these cases, because their lawyers would be in contempt of Rule 11 that
>requires a reasonable assertion of their clients cases, and these
>lawyers know that in most of the cases I mention above the big business
>has no trademark case, only a right under nsi's policy to bludegon these
>little guys.
>
>There is hardly a day goes by that I or my partners do not get a plea
>from these innocent victims for pro bono help, which we give when we can
>but we also have to make a living with fee paying clients. Please think
>about this aspect of the issues and collect the real facts.


 I cannot see any solution *except*
 a locked in, first come first policy
 with full protection for Domain Name
 holders under international treaty
 or similar agreements. Including some
 practical limitation on how many Domains
 one entity can hold...

 Please GGD3, what solutions do you offer
 from a practical, legal perspective?

                             Bob Allisat

   PO Box 191 Station E Toronto Canada M6H 4E2      (416) 588-0670