Implications of NSI "Skunkworks" Ruling

[Duane Little <aadn1@nwi.net>]

I've just run across this article:

Court shields NSI from trademark suits 
http://www.news.com/News/Item/0%2c4%2c16504%2c00.html

                "In a decision with wide implications for the ongoing
                dispute over how far trademarks extend into
                cyberspace, a federal judge has ruled that Network
                Solutions (NSOL) is immune from most
                infringement claims." ...

This decision has bearing also on the gTLD MoU, which virtually equates
domain names with trademarks.  The POC rules grant rights to trademark
holders over donmain names which are well in excess of those allowed in
this and other relevant legal rulings, to wit:



                "In order for a party to infringe a trademark under
                federal law, the mark must be used in a commercial
                setting. "Something more than the registration of the
                name is required before the use of a domain name is
                infringing," [U.S. District Judge] Pregerson added."

Under the MoU, the mere registration of a name is clearly regarded as
the virtual equivalent of a de facto infringement.

The "challenge panels" operating under biased WIPO rules can be expected
to apply the MoU's unduly influenced standards.

This ruling adds still more support for the oft-repeated charge that the
gTLD MoU and its organizations are gravely and unfairly biased in favor
of large trademark interests.

I might also add that this ruling also adds still more strength to the
argument that NSI should abandon its own unfair dispute policy.  NSI now
has a positive legal basis for avoidance of legal liability in trademark
disputes, and needs not continue to hide behind its gravely flawed
policy for its own protection.


Duane Little
pres@domains.org
http://www.domains.org