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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: brian@ftp.wipo.int
Date: Tue, 15 Aug 2000 16:41:38 +0200


 Name: Brian Organization: Free Speach Position: student WIPO has made regulations to stop cybersquatting, however there are lots of cases where people have registered a domain name which is for there business in the USA only to find out that a business with there same name is say in Canada or the UK... What is happening now is big business being slower then small individuals and because big business invests in these types of channels there rules apply. If someone registers a famous person's name or business name to profit on that should be controlled in a professional way. But, let's look at the name Mike Smith... Who should own it.. or better Dogs.com... Dog.com went to ICANN against DOGS.com ... WHY???? generic word.. However, your process is opening up the flood gate to unnecessary claims. See it cost someone $3000 to file a claim at ICANN and if they lose they just lose the small amout of money. What should happen is if someone goes to ICANN to file they pay all fees and the person being accussed should then have the choice of 1 to 3 on the panel. At the plantiff's cost. If the defendant can prove the claim to be false the plantiff should have to pay a fine for inconvience..Say $5000 ... if they win they get the name. This will stop people trying to reverse hyjacking. ICANN is setting all these rules and yet going to release new names for even more lawsuits to be filed. They claim famous trademarks will be respected yet your opening the flood gates to more with the rules of regional and no registered trademarks. TRADEMARK ONLY PERTAINS TO THE GOODS AND SERVICE... If you have the name HealthyWays.com who is intitled to your domain name there are more then one trademark registered on that name.... Secondly, I have found people are now filing trademarks after the domain name is registered to get the domain away from the person. Please explain why if buy and selling domain names are so bad why is both NSI and Register.com getting into the domain name selling business. Overall, Big Business is setting the rules and people how have been taken to ICANN for generic words or questionable reasons should file a class action suit against WIPO , ICANN to prove the theory is flawed.