On Tue, 30 Jul 2002, Caitlin Bestler wrote:
Additionally, I think it is also important to recognize that
domain names are now an integral part of trademarks and have
meaning far beyond translating a name to an IP address.
This is not an accurate statement of the law in the US or any other
country I know of.
Suppose the IETF were to somehow get the crazy idea to
radically change the entire domain registration system, and
as a result Disney no longer owned "disney.com"?
Does anyone really think the courts would back the IETF?
The IETF wouldn't be involved. The user of the other "disney.com" would
be. And if it were
- their union
- people who think Disney is evil and have a non-commercial site saying so
- someone named Disney
- lots of other possibilities
it would be legal, too.
Please visit http://www.icannwatch.org
A. Michael Froomkin | Professor of Law | froomkin(_at_)law(_dot_)tm
U. Miami School of Law, P.O. Box 248087, Coral Gables, FL 33124 USA
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