Re: Thread 2: 60-day issue

[Karl Denninger <karl@Mcs.Net>]

> Karl Denninger writes:
> > That the existing registrar has a fucked-beyond-belief (sorry, that's the
> > only way to describe it) policy DOES NOT give rise to the right of the IAHC
> > to implement yet another one of these.
> 
> The lawyers all seem to uniformly like the new proposed policy, modulo
> a question of how long the wait should be.

Of course.  It will increase their billable hours.

> > Publication is sufficient.  Why not design something similar to CURRENT
> > Trademark practice in the US?
> 
> If you want to register a trademark in the U.S. you have to undergo a
> challenge period as it stands.

Yep.  And in the meantime, you can USE THE TRADEMARK.

Again, the IAHC tries to usurp the existing systems in place for every other
form of commerce that there is.

> > --> The domain issues immediately *just like a dba or corporate name*.
> > --> Publication occurs for, say, 60 days.  During that time period the
> >     domain name is CONTESTABLE.
> > --> After 60 days the publication period ends and the domain becomes by
> >     policy INCONTESTABLE.  You can still sue, but that's the only way to 
> >     destroy it now.
> 
> Assuming "contestable" means a legal challenge (rather than getting
> the registrar involved, which is unacceptable) this could only be
> implemented through some sort of international treaty or a law passed
> in every country. I would not mind such a thing being done, but it
> isn't likely to happen on our say-so, and certainly not on a schedule.

No.  You can sue in the country where the infringer is.  If you actually
have a winnable case you can get an *INJUNCTION*, at which point the domain
is pulled.

> > Please tell me how THIS policy would not meet the needs Carl.
> 
> I'm not Carl, but I will note that although it might meet people's
> needs, it is beyond our power to implement.
> 
> Perry
> Speaking for myself, not for the IAHC

Nonsense.  You don't need international cooperation to make this work.

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