Re: Implications of NSI "Skunkworks" Ruling

[Jeff Williams <jwkckid1@ix.netcom.com>]

Duane and all,

  Well, well, well.  I see that this article and the judges decision
seems to point up what I have said all alotn with respect to
Trademark's and Domain names. (See archives).  I guess the only
thing left for the gTLD-MoU and it's Trademark lobby needs to do
is assess this decision and other which will no doubt follow
as it applies to the ACP pannels, their WIPO policy's and
the MoU in general.  Let us all watch and see if there is
going to be any significant policy direction change, yet again!  >;)

Duane Little wrote:
> 
> 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

Regards,
-- 
Jeffrey A. Williams
DIR. Internet Network Eng/SR. Java Development Eng.
Information Eng. Group. IEG. INC. (Soon to be INEG. INC) Stay tunned! 
Phone :913-294-2375 (v-office)
E-Mail jwkckid1@ix.netcom.com

Wisdom:   "One who knows others is wise,
           one who knows himself is enlightened."
           Lao Tzu