Re: Who really benefits from 60-day period?

[Karl Denninger <karl@Mcs.Net>]

> 
> So, under the new gTLD system the registries will be spread around the
> world. It is unclear to me as to where the servers will be, but spread
> about as well, we presume.
> The whole 60 day non-use period justification seems to be predicated upon
> some (dodgy and untested) assumptions about US law.
> What about the rest of the world? We own this stuff as much as the US. You
> want to impose a 60 day non-use time on the whole world, when in most of
> that world it will be a total irrelevance.
> I really think you have to think a bit more about the world and dump the 60
> day period.
> Ivan
> 

It is irrelavent.

Any attorney (or anyone else) who thinks that a "60 day waiting" period will
actually carry some standing in a court is smoking too much crack.

The reality is that anyone who believes their trademark is being diluted
will sue if they can't work it out privately.  Period.  The second reality
is that to establish a trademark in the US, and probably elsewhere, you have
to actually USE the mark in commerce.  

The bottom line is that the IAHC and CORE will be the ones who get sued
under this proposal, as it serves to damage the interests of those trying to
establish a mark in commerce.  They will likely also get dragged into the
controversies between mark owners and domain holders on the premise that
once again they're going BEYOND distributing someone else's speech.

Folks, listen up on this one.  Its important:

	The only possible legally-defensible position for REGISTRIES, CORE,
	and the IAHC is to act as a neutral distributor of material which 
	is published by registrants.  Anything beyond that is asking to be 
	named as a party to actions between contestants.

	No registry, nor the IAHC or CORE, is a tribunal.  All of these
	agencies, even if they WERE granted tribunal or regulatory status
	in some jurisdiction, lack it EVERYWHERE ELSE.

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