browse comments: WIPO RFC-3

WIPO RFC-3
gdp@hpalaw.com
Sun, 21 Mar 1999 18:28:12 -0500

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Dear Panel,
In addition to the comments that you were kind enough to consider in Washington D.C. on March 10, 1999, Porsche Cars would like me to add an additional comment regarding the permanent cancellation of infringing and diluting domain names. For famous trademark holders battling 100's or even 1,000's of infringing domain names, a procedure must be put in place whereby domain names that infringe or dilute a famous trademark can be permanently cancelled. Porsche has successfully cancelled approximately 50 Internet domain names that infringe or dilute the trademark Porsche in its in rem lawsuit. Porsche has attempted to have NSI permanently cancel the domain names that Porsche does not want so that the domain names cannot be registered by another infringer. NSI will not agree to a permanent cancellation but wants Porsche to register the names itself or allow the domain names to become available for others to reregister. It makes no sense to require famous trademark holders to chase their tails or replow alread
y plowed ground in their neverending battle in dealing with infringing or diluting domain names. A provision for famous trademark holders should be implemented whereby a famous trademark holder can have an infringing or diluting domain name permanently cancelled unless the trademark holder agrees in the future to allow the name to be registered or unless a court of competent jurisdiction orders otherwise.

Respectfully submitted,

Gregory D. Phillips
Howard, Phillips & Andersen
Attorneys for Porsche Cars

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