WIPO RFC-3
slatteryjm@aol.com
Sat, 26 Dec 1998 13:29:48 -0500
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From: slatteryjm@aol.com
Subject: WIPO RFC-3
Dear Dr. Gurry:
Greeting and best wishes for the New Year.
In reviewing the proposals with regard to Domain Names, I beleive that you should consider awarding attorney's fees for the prevailing party in a Domain Name arbitration.
In addition, with regard to famous and well-known trademarks, I belivee that you should consider the doctrine of "derivation" with regard to Domain Names. This doctrine exist with regard to patent and copyright law. However, it does not exist with regard to trademark law in view of the territorial protection afforded to trademards. Since Domain Names are used across national borders, an infringer should not be able to derive a mark from a senior user and then place the mark on the internet as a Domain Name of the junior user.
I hope to see you in 1999.
Best wishes, James M. Slattery
-- Posted automatically from Process Web site
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