browse comments: WIPO RFC-3
Fri, 12 Mar 1999 06:08:57 -0500
Subject: WIPO RFC-3
I think the interesting suggestions made by Michael Froomkin (which can be
found at http://www.law.miami.edu/~amf ) must be taken into serious
I also would like to state that I think really strong trademarks do deserve
their corresponding domain on the net, but I don't think they deserve just
about any domain that has any resemblance with their marks..
For little known trademarks I don't think they deserve to have any priority
over a domain name owner. Especially taking into consideration that a domain
registration is global while a mark is purely regional. I think the first
come, first serve rule is perfectly right.
I think paying in advance for registering domains would be a great
improvement for everybody and would discourage speculators from taking over
too many domains (making those unavailable to interested parties).
Finally, I would like to state my concern over the possiblity of a (possibly
small) county to issue a false trademark (especially with a false older
effective date) in order to get over attractive domain names... I think the
database controled by Network Solutions is more trustworthy than some
countries registries may be...
I would also suggest the older a domain name registration is, the less
vulnerable it has to be with respect to possible trademark owners disputes.
Domain name owners also are basing their bussiness on that name they are
using and must be protected from interferences... I would even establish
some sort of total prescription timeframe of about 3 or 4 years. With the
current popularity of the net that's time enough for a trademark owner to
_initiate_ a dispute... and this would give greater security to a domain
name owner, a right I think they deserve when it is clear they are not
interfering with any trademark owner.
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