Re: RFC2240

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

Karl and all,

Karl Auerbach wrote:
> 
> > > The answer to this mess is to stop even the implicit statements that
> > > domain names are trademarks and start making it clear that they must be
> > > something new under the law, laws yet to be invented.
> >
> >   Very close here to my possition for over a year now.  Yet you argued
> > against it than and just recently.  Glad you are comming around.  Now
> > if we can just get Carl O. to see the wisdom here.
> 
> Ummm, I don't know what you are remembering as my "position", but my
> recollection of what I've been writing for many, many months now is that:

  Well I don't see any point in mitigating this.  I still stand by my
statment.  It is all in the archives anyway.  >;)
> 
> a) Domain names are *not* trademarks in and of themselves.  (However, they
> can be *used* as trademark, just as almost any character string can be
> used as a trademark.)

  Absolutely correct.  Key work is "Can".  Unfortunatly under current
Trademark law they must be filed as such, or they are not a Trademark,
and have no legal relation to dilution as such.

  This is an area of Trademark law that needs updating badly.
> 
> b) The use of a domain names in a particular context *can* infringe on the
> rights of other domain name holders (with the rules yet to be defined)
> and can also cause dilution of the rights of those who hold trademarks or
> who have other cognizable rights to a name (like being born with it.)

  Agreed compleatly, as long as the current Trademark statutes are
modified
as such.  WHich currently they are not in most countries and certianly
not in the U.S.  International legal statutes must also be modified
approiately as well.  But in essance I agree.
> 
> c) Domain names are a new form of intellectual property; they are not
> trademarks per se, although they have have some characteristics akin to
> trademarks.

  I can agree to this in principal.  But legal statutes must be amended
or
otherwise modified to indicate clearly such a thought or precident
> 
>                 --karl--

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