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[process2-comments] RFC-1
To: | process.mail@wipo.int | |
Subject: | [process2-comments] RFC-1 | |
From: | Anon <Anon@anon.anon> | |
Date: | Fri, 15 Sep 2000 12:20:21 +0200 |
Name: Anon. Organization: Anon. Position: Anon. I vehemently object to the branding of domain name speculators as wrongdoers who deserve to have their domains taken away from them. The only time a domain should be taken away from anyone is if they register a name that is a very strong trademark - so that no one can get a further trademark on the name in any line of business - with the specific intent of selling it to the trademark holder, disrupting their business, or stealing traffic that would normally flow to that Web address. That is the clear definition of "bad faith" in the UDRP, but because the phrase, "in particular but without limitation" was used in connection with that definition, arbitrators in disputes have stretched and perverted it to include anyone who registers a domain for the value inherent in the name - which, as many others have stated, is no different whatsoever than real estate speculation except when a strong trademark is involved as noted above. If a name can be trademarked in a field of business in which it has not already been trademarked, then the corresponding domain name should be available to anyone who wants to register it, and registering for resale is a legitimate business endeavor that in fact provides more of a service to the community than real estate speculation. Businesspeople can now browse domain name auction sites to find creative names for their businesses, names that they can freely adopt without having to pay a single cent unless they want to purchase the specific TLD name which they saw. But rulings such as the one in the eResolution case will encourage businesspeople to scour domain name auction sites for a good name, and then begin using and trademark the name as a precursor to filing a UDRP complaint to seize control of the (probably dotcom) domain. I don't know if you people are misguided crusaders or if you are acting as the arm of a business lobby that wants access to domain names without having to pay a fair market price for them, but you are hurting people who are not infringing on property that should be exclusively reserved for anyone. I request and advise you to rethink your policies. You are causing a lot of pain and making a lot of enemies. Sincerely, Anon. |
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