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[process2-comments] RFC-1


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[process2-comments] RFC-1


To: process.mail@wipo.int
Subject: [process2-comments] RFC-1
From: madams@raysend.com
Date: Fri, 11 Aug 2000 18:29:42 +0200


 Name: Mark James Adams Organization: Raysend re: Tradenames and gTLDs Tradenames that should not be eligible for protection are those that consist solely of standard words. Such examples would include Apple, Volkswagen, and Nike (which to most people would connote Apple Computer, Inc; Volkswagen AG; and Nike, Inc, respectively) are normal words their respective language (English, German, and Greek). Because the words "apple" is generic in the English langauge, Apple Computer, Inc.'s only claim to the  second-level domain name is that they registered it first. Apple Records or Bob's Apple Stand would have an equally valid claim to the domain name, as would someone who simply wanted to dedicate a website to Rosaceae malus.  also falls under this category, as pointed out by G. Gervaise Davis, III. This should not be the case for Tradenames that have no meaning outside of their use as a tradename (e.g., Microsoft or Qwest). I can't think of a legitimate use for these names as domain names outside of the organizations that own them. I'll also agree with Karl E. Peters that any recommendations put forth by either the WIPO or ICANN will be imperfect in solving all domain name disputes. As George Soros said, "The concept of an open society is based on the recognition that people act with imperfect knowledge and nobody is in possession of the ultimate truth".