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Username: Garry Anderson
Date/Time: Wed, November 28, 2001 at 7:14 PM GMT
Browser: Microsoft Internet Explorer V5.5 using Windows 98
Subject: Golf is not you game - lame brain..

Message:
 

 
Insult me again and you will regret it.

> Garry.  Think about the complexities of world trade and law.  You have no idea what you're talking about.

I appear to know more than you.

> First, regarding First Amendment rights.  The U.S. Constitution states that the government has the right to issue patents (trademarks are an extension of the premise).  The Constitution was also designed to protect property rights.  Pretty much the same in all countries.  BTW, nothing prevents you from registering a domain name so that you can exercise your free speech.  You can buy a name and put up a site any time you want.  You're whining about your inability to get a very particular name that you wanted.  Sorry, but the Constitution doesn't guarantee you the right to get your way every time.

You have know idea what youíre talking about. UDRP is being used to take the words that they have bought (even generics - crew.com etc.) - so you canít buy a name and put up a site any time you want.

> Your main contention is that trademarks are sometimes issued for generic words, which allows the trademark owner to unfairly get the matching domain name.  Your argue that a trademark owner has no more right to use a particular domain name than anyone else.

> Truth is, ever country has different standards in their trademark laws, and there's no way in hell anyone can reconcile their different practices.  I personally think trademarks are a decent but flawed way to do things, and that it's a crock when a corporation uses that to get a name like "cat.info".   But I have not seen a better system proposed.  Nothing in life is completely fair - get used to it.

All countries I have looked at use the same standard. They can all be seperated by 4 attributes - 1 name - 2 class - 3 country - 4 identifier.

Please show me where this is not the case - I doubt you will.

> Garry, your argument really falls apart when you examine it.  For example, in your world, who would decide whether a word is "generic" or not?  Would you prefer a panel go through the entire dictionary and decide what is generic and what is not?

No - that is why ALL words should be allowed. Why should ANY word be sacrosanct?

All registered trademarks are identified with ģ trademark symbol ('R' in a circle or RTM) to advise people that the mark is legally registered and protected by law - why should it be different on the Internet?

So why should I not be allowed FordMotor.com to complain about my crappy car?

>ANd on top of that, a word can be generic in one language but not in another.  You want to discriminate against someone because of their language or country? All of the above would be not only unfair, but a huge waste of time and money.

That is why ALL words should be allowed.

> Also, trademarks are only treated specially in the .biz and .info sunrise periods.  Of the many eligible trademark owners, only some claimed their names.  In other words, lots of good generics were taken, but it could have been worse.  There were lots of good names available in public regsitration, and I got some.

Why should business get priority over people in an OPEN TLD?

Since when did Big Business own the dictionary?

> You link to http://wipo.org.uk/ to support your statements.  That's a silly page with silly arguments.  It claims that Afilias is squatting on "search.info" for example.  How is that squatting?  Yes there are many people who own trademarks on the word "search".  So you're saying that those trademark owners should have priority claim over "search.info" instead?  In one swoop you've gone from claiming that genric names should be open to anyone to claiming that trademark owners should have priority.

You are of low intelligence - I was making the point that trademarks have been using UDRP to take their name - including generic words. Yet Afilias has taken these.

> Q.E.D. Pull your head out of your bum.

It is you that has head up orifice.

How are all businesses to get their trademark - if every time Apple Records (or any of the hundreds of other Apple trademarks) go for apple.TLD - Apple Computers say it would cause consumer confussion.

You clearly have no idea what you are talking about.
 

Link: WIPO.org.uk


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