[process2-comments] RFC-1

 Name: Donna A. Tobin Organization: Cooper & Dunham LLP Position: Member I strongly believe there should be no per se rule against registration of geographic terms as domain names by private individuals or entities. Domain name registration itself does not confer trademark rights, and the individual or entity who secured a domain name first should be entitled to maintain it, even if the domain is registered upon speculation that it may be valuable. HOWEVER, if the geographic term is also a trademark owned by another, who can prove its rights in the mark ICANN's dispute resolution policy should be applied to determine whether the domain name was registered in bad faith, using the guidelines set forth therein. Moreover, those who already have registered domain names legitimately, and in good faith (namely not in contravention of another's existing trademark rights) will be severly harmed if WIPO capriciously changes the rules now for its own agenda. Bad faith should continue to be defined as it is by the ICANN policy. Different standards for different types of domain names can only lead to confusion and is inequitable. WIPO's urge to the limits of generally accepted principles of trademark law and apply its own notion of what's fair in a particular society is contrary to ICANN's policy and to the interests of all involved. The owner of a legitimate trademark which includes a geographic term can seek to register it so that it may enforce it against speculators. In the absence of a registration, WIPO should honor the "first come first served" process.