Re: Thread 2: 60-day issue

[Karl Denninger <karl@Mcs.Net>]

> 
> At 09:01 AM 12/26/96 -0800, Kent Crispin wrote:
> 
> >Carl Oppedahl said:
>  
> >> Yes, your proposal is a very good one.  If I had been appointed to the IAHC
> >> I would likely have suggested it.  After a while I realized why it's not
> >> absolutely the best idea, however.
> 
> >Your approach is a slightly different model than what I had in mind.  
> >CONTESTABLE, as Karl shouted, would be a legal term looking backward 
> >in time, and would not mean that the DNS would be shut off.  So:
> 
> >> Let's flesh it out.  Domain issues immediately.  Then, for 60 days, if
> >> *anyone complains*, it does not matter who or why, the domain name gets
> >> turned off instantly.  
> 
> >No -- during the 60 days the domain name does *not* get shut off if
> >someone complains.  Getting shut off *always* requires either 1)
> >voluntary effort on the part of the owner (arrived at through
> >negotiation), or 2) involuntary action on the part of the owner or the
> >registrar -- that is, a court order.  The registrar is strictly
> >neutral at *all* times. 
> 
> >However, if there are no complaints during the 60 days, then their
> >ability to complain later is seriously limited.
> >[...]
> 
> So what exactly is it that changes on the 60th day, under your proposal?  A
> trademark owner can go to court before or after that day, right?  And the
> domain name functions before and after that day, unless a court orders to
> the contrary, right?  So what's different on the 60th day?

The presumption that gets created by the trademark owner's failure to act.

This is all that REALLY changes if you HOLD the registration from a legal
perspective too Carl.

Why don't you admit to this and let's move forward with something that
doesn't impose unconscionable restraints on net-based businesses.

--
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Karl Denninger (karl@MCS.Net)| MCSNet - The Finest Internet Connectivity
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