[process2-comments] RFC-1

 Name: Matthias Haeuptli, lic. iur. Position: Attorney B. Personal Names: (i) Should personal names be protected against bad faith, abusive, misleading or unfair registration and use in the DNS? Not generally. (see ii) (ii) Which personal names, if any, should be protected: In gTLDs: Names of world-wide famous persons In ccTLDs: Names of famous persons in the respective country There is no need to protect names of government officials" if they are not famous persons". (iii) How do you define bad faith, abusive, misleading or unfair registration and use in respect of personal names? Same as UDRP 4.b. (iv) How do you deal with multiple incidences of the same name? The domain name shall belong to the first registrant. Using one's own name shall under no circumstances considered abusive", misleading" etc. unless it is a world-wide famous name. (v) What provision, if any, should be made for dispute resolution with respect to disputes concerning personal names registered as domain names? The Provider shall not be selected by the Complainant, but chosen randomly by the ICANN, e.g. by means of an automated procedure. The fact that the Complainant selects the Provider _and_ the competent jurisdiction under current UDRP is clearly in favor of the former. (vi) Would directory, listing or other similar services aimed at avoiding domain name conflicts concerning personal names be useful, and, if so, please describe such services? No. C. International Nonproprietary Names (INNs) for Pharmaceutical Substances: (i) Should INNs be protected against bad faith, abusive, misleading or unfair registration and use in the DNS? No. (ii) How do you define bad faith, abusive, misleading or unfair registration and use in respect of INNs? Same as UDRP 4.b., if applicable (iii) What provision, if any, should be made for dispute resolution with respect to disputes concerning INNs registered as domain names? Same as B.(v) (vi) Would directory, listing or similar other services aimed at avoiding domain name conflicts concerning INNs be useful, and, if so, please describe such services? No. D. Names of international intergovernmental organizations: (i) Should the names and acronyms of international intergovernmental organizations be protected against bad faith, abusive, misleading or unfair registration and use in the DNS? No. They should use the .int TLD instead. (Their names are generally too long for domain names and their acronyms are often not distinctive, e.g. Uno.) (ii) How do you define bad faith, abusive, misleading or unfair registration and use in respect of the names and acronyms of international intergovernmental organizations? Same as UDRP 4.b., if applicable (iii) What provision, if any, should be made for dispute resolution with respect to disputes concerning the names and acronyms of international intergovernmental organizations registered as domain names? Same as B.(v) (vi) Would directory, listing or similar other services aimed at avoiding domain name conflicts concerning the names and acronyms of international intergovernmental organizations be useful, and, if so, please describe such services? No. (vii) Which international intergovernmental organizations should receive any such protection in the DNS (e.g., international or regional organizations, all organizations that have followed the notification provisions of the Paris Convention)? None. E. Geographical indications, geographical terms, or indications of source: (i) Should geographical indications be protected against bad faith, abusive, misleading or unfair registration and use in the DNS? Only in the ccTLD of the respective country, but not in gTLDs. The latter should be open to general use. (ii) How do you define bad faith, abusive, misleading or unfair registration and use in respect of geographical indications? Same as UDRP 4.b., if applicable (iv) What provision, if any, should be made for dispute resolution with respect to disputes concerning geographical indications registered as domain names? Same as B.(v) (vii) Would directory, listing or similar other services aimed at avoiding domain name conflicts concerning geographical indications be useful, and, if so, please describe such services? No. F. Tradenames: (i) Should tradenames be protected against bad faith, abusive, misleading or unfair registration and use in the DNS? Some. (ii) How do you define which tradenames would be eligible for any such protection? Tradenames which are distinctive and well-known worldwide (gTLDs) or well-known in the respective country (ccTLDs). (iii) How do you define bad faith, abusive, misleading or unfair registration and use in respect of tradenames? Same as UDRP 4.b. (iv) What provision, if any, should be made for dispute resolution with respect to disputes concerning tradenames registered as domain names? Same as B.(v) (v) Would directory, listing or similar other services aimed at avoiding domain name conflicts concerning tradenames be useful, and, if so, please describe such services? No.