[At-Large] Definition of registration abuse

[Karl Auerbach]

Bret Fausett wrote:

>> 2. Is illegal
> 
> Where?

And to take the next step - there is a tendency in these discussions to jump from a set of 
actions to a conclusion that it is unlawful.

Yet in real life legal proceedings there is an intermediary step - a trial - in which the 
actions are put into context and measured (often quite subjectively) against the rules of law.

It seems to me that in all of these internet matters that one should not jump to the 
conclusion that something is unlawful until there has been an a concrete legal procedure 
that has find that to be the case.

Thus rather than leaping to the conclusion that acts X, Y, and Z are an unlawful abuse of 
a trademark and reacting by, for instance, revoking a domain registration it would be 
better if that revocation had to be predicated on an actual legal process that concluded 
(and had passed through any appeals process) that an unlawful abuse of a trademark had 
actually occurred.

Otherwise we seem far too much at risk of inventing a parallel, but different, judicial 
system.

		--karl--