WIPO Domain Name Process
Ethan Katsh (katsh@legal.umass.edu)
Thu, 11 Mar 1999 22:37:00 -0500
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I am writing to urge that the Interim Report of the WIPO Internet Domain
Name Process (December 18, 1998) be reconsidered and revised. Trademark
holders are entitled to some protection so that the interests they have
built up in their marks are protected. It is not clear, however, that the
kind of protection which the WIPO report urges be given to trademark
holders is necessary. It is my opinion that a more balanced process, one
that does not map a narrow view of trademark law onto the domain name
process, is needed. In addition, I would urge that mediation merits more
attention as a viable dispute resolution meachanism in domain name
disputes. While there are situations, as the report points out, when both
parties might not come to the table, there are other situations in which
only mediation can lead to a compromise win/win solution (see, for example,
the shared page at http://www.scrabble.com)
Ethan Katsh
Professor of Legal Studies and
Director, Center for Information Technology
Dispute Resolution
University of Massachusetts
Amherst, MA 01003 USA
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