Re: Thread 2: 60-day issue

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

Leo Smith wrote:

>The 60 day period establishes a role for CORE (and IAHC) to serve in
>protecting the interests of third party users. The underlying assumption is
>that there is a critical need for some intervention by CORE (IAHC)  to
>reduce trademark problems.
>The function of CORE should be to facilitate registration of domain names.
>Why get involved in the problem solving? Leave it to the courts to
>adjudicate conflicts. Registry responsibility could be as simple as
>assigning registrations on a FCFS basis, with compulsory removal available
>only upon an order from a court of proper jurisdiction.

In favor of somehow tackling the "protected-name-issue" (there are other 
protected names than trademarks), I would argue that the idea is not to 
solve the problem, but to provide courts and litigants with some ways of 
solving things before they get too bad. This is also why we are also in 
favor of:

- requiring registrars to obtain (obtain: not verify) some document which 
indicates than the registrant has a legitimate claim to the name it asks 
for (it can be an ID, a company or trademark registration document, 
etc.). The registry does not need to check for the document's validity: 
it only needs to store a certified copy. In case of a dispute, the court 
will do the checking, but this will help it evaluate the registrant's 
good or bad faith, and right to the name. 

- requiring that registrars be located in a country which has signed the 
Paris Union Convention on Industrial Property (132 countries) and (or?) 
the Bern Union Convention on the Protection of Litterary and Industrial 
Property (111 countries in 1995).
Why? Because if a registrar is not located in one of those countries, 
chances are noone can prevent a registrar from colluding with registrants 
and massively speculating with trademarks or other protected names.

(this could be condsidered as a proposed addition to IAHC's 
draft-appendix A)

Daniel




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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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