Re: 60 day waiting period

[Carl Oppedahl <carl@oppedahl.com>]

At 01:33 AM 01/13/97 +0000, Jeff Williams wrote:

>Michael,

>Michael Dillon wrote:
>> 
>> On Sun, 12 Jan 1997, Karl Denninger wrote:
>> 
>> > Go get declaratory statements from all 180-odd court national court
systems
>> > which supposedly would "pay heed" to this.
>> >
>> > With all due respect, Carl, you're blowing smoke.  You have absolutely no
>> > basis for your position on this other than your beliefs.  Which, when you
>> > consider disrupting the business activities of *hundreds of thousands of
>> > firms*, isn't enough .
>> 
>> I think the point Karl is getting at here is that in most of the world,
>> courts do not set case-law precedents but merely apply the Civil Code as
>> written by the country's legislators. Thus if the 60-day period is not
>> written into the laws, it doesn't have any effect.
>
>  This i true in all of asia and a good part of Europe.  I have
>commented
>along these lines several times on this list.  Unless you have a 
>WOrld court precident or inactment, you have no legal footing
>internationaly
>with a 60 day waiting period.  Even than only those countries who wish
>to observe those International laws to this effect, would necessarly
>comply.  That narrows things down a little bit.  It has been somewhat 
>popular in recent World court rulings that member countries in some 
>instances do not comply even whan the are a strong supporter of the 
>world court.  SO now  you have even less solid cround for the 60 Day 
>waiting limit.  
>
>  For these reasong and others that I hav already posted, it is my 
>belief that the 60 day waiting period is at best a two edged blade
>here.  Therefore, under current international conditions I find
>it indavisable.

The number of people who know more about the courts of the world than I do
seems to grow.  I ask you, too, to please favor the IAHC and the members of
the Internet community with your knowledge.  How, given what you have said
about the courts of all of Asia and a good part of Europe, do you propose
to deal with the problem of insufficient URL and domain name stability due
to challenges by covetous trademark owners?