Re: Thread 2: 60-day issue

[Daniel Kaplan <dkaplan@terra-nova.fr>]

Karl writes:

>Publication is sufficient.  Why not design something similar to CURRENT
>Trademark practice in the US?
Maybe because we're dealing with the world, not the US... The ripple 
effect of a name announcement takes far, far longer to reach the whole 
world; lawyers are less reactive; snailmail crosses oceans by boat...

>--> 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.
And what happens when the domain name is contested? Jane's 
"betterfoodonline" (see Christopher's thread on Jane) finds itself in an 
even worse situation than it had just had to wait for 60 days...

Later, Karl answers Carl:
>What says that CONTESTING the name causes instant revocation?
>No.  You need an injunction to get the name yanked during the 60 day
>interval.  Just like in REAL LIFE if you want to stop someone from operating
>a business down the street with a name you believe is infringing.
>That's why we have COURTS Carl.
Again, if we all lived in the USA, I would agree the 60-days *waiting* 
period is useless. Since we don't, and information flows in slightly 
slower ways, and courts work differently, and litigations are slower to 
hop across borders, I believe it's a good proposal.

And again, given proper Internet project management methods, I don't 
believe it can really slow down  business-critical projects.


Daniel


-------------------------------------------
Daniel Kaplan         dkaplan@terra-nova.fr
Consultant - Media & Commerce Electroniques
           - Electronic  Media  &  Commerce
61 rue Monge   -   75005 Paris   -   France
Tel/Fax +33 (0)1 4217 0754 GSM 06 0981 0377
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