Re: PAB "MoU-Lite"

Dan Busarow (dan@dpcsys.com)
Fri, 13 Feb 1998 09:57:21 -0800 (PST)

On Thu, 12 Feb 1998, Kent Crispin wrote:
> VII. A procedure for resolving trademark disputes should be
> established by contract among registrars of second level domains in
> each of the gTLDs that will (a) strike a balance between domain name
> holders and the owners of trademark rights and (b) offer an efficient
> and inexpensive means of dispute resolution without supplanting or
> interfering with the jurisdiction of national courts or the rights of
> Internet users to have resort to the courts.

I think we really need to distance ourselves from the trademark
issue. While we can't pretend it doesn't exist we certainly should
not have a policy of our own other than obeying courts and arbiters.
As an alternative:

VII. Disputes between trademark owners and second level domain holders
have and will continue to be raised. These are legal disputes and
have no technical solution. All registrars will accept the decision
of a competent court of law and follow the courts instructions. All
registrars will also accept the decision of a recognized arbitration
process and follow the arbiter's instructions.

Could the lawyers among us comment?

Dan

-- 
 Dan Busarow                                                  714 443 4172
 DPC Systems / Beach.Net                                    dan@dpcsys.com
 Dana Point, California  83 09 EF 59 E0 11 89 B4   8D 09 DB FD E1 DD 0C 82