[process2-comments] RFC-1

 Name: Ronald N. Weikers Organization: Weikers & Co., Attorneys at Law Position: Principal B. Personal Names: (i) Should personal names be protected against bad faith, abusive, misleading or unfair registration and use in the DNS? No, unless a personal name is famous worldwide, and the complainant must have the burden of proving its world fame by "clear and convincing" evidence as part of a domain name dispute proceeding. B. Personal Names: (ii) Which personal names, if any, should be protected: - all names: No - names of famous persons: Yes, but only if they have worldwide fame - names of government officials or other persons in the public eye: No, unless they are famous worldwide B. Personal Names: (iii) How do you define bad faith, abusive, misleading or unfair registration and use in respect of personal names? (a) circumstances indicating that the respondent registered or acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to a complainant who is famous worldwide, for valuable consideration in excess of the respondent's documented out-of-pocket costs directly related to the domain name; or (b) the respondent registered the domain name in order to prevent a complainant who is famous worldwide from reflecting their name in a corresponding domain name, provided that the respondent engaged in a pattern of such conduct; or (c) the respondent registered the domain name primarily for the purpose of defaming a complainant who has world fame; or (d) the respondent is using the domain name to intentionally attract, for commercial gain, Internet users to the respondent's web site or other on-line location, by creating a likelihood of confusion with a complainant's world famous name. B. Personal Names: (iv) How do you deal with multiple incidences of the same name? The domain name shall belong to the first registrant, unless a complainant's name has achieved worldwide fame. Any dispute must be resolved under ICANN's Uniform Domain Name Dispute Resolution Policy. B. Personal Names: (v) What provision, if any, should be made for dispute resolution with respect to disputes concerning personal names registered as domain names? The complainant shall have the burden of proving its world fame by "clear and convincing" evidence as part of a domain name dispute proceeding. B. Personal Names: (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, because the organization that assumes the responsibility for maintaining such a directory would be required to make a preliminary determination, in conjunction with the person seeking to list their name, whether the name has achieved worldwide fame by a "clear and convincing" evidence standard. Assuming that myriad people would seek to register their names, such a task would be logistically impossible. Instead, case-by-case dispute resolution proceedings should be relied upon to resolve personal name disputes. E. Geographical indications: (i) Should geographical indications be protected against bad faith, abusive, misleading or unfair registration and use in the DNS? No. F. Tradenames: (i) Should tradenames be protected against bad faith, abusive, misleading or unfair registration and use in the DNS? Some. F. Tradenames: (ii) How do you define which tradenames would be eligible for any such protection? As defined under trademark law, those tradenames that are inherently distinctive and/or those that are not inherently distinctive, but have acquired secondary meaning. F. Tradenames: (iii) How do you define bad faith, abusive, misleading or unfair registration and use in respect of tradenames? Same as ICANN's Uniform Domain Name Dispute Resolution Policy Rule 4.b. F. Tradenames: (iv) What provision, if any, should be made for dispute resolution with respect to disputes concerning tradenames registered as domain names? ICANN's Uniform Domain Name Dispute Resolution Policy should be followed, and the complainant must have the burden of proving its tradename's inherent or acquired distinctiveness by "clear and convincing" evidence. F. Tradenames: (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, because the organization that assumes the responsibility for maintaining such a directory would be required to make a preliminary determination, in conjunction with the company seeking to list their tradename, whether the tradename has inherent or acquired distinctiveness by a "clear and convincing" evidence standard. Assuming that myriad companies would seek to register their tradenames, such a task would be logistically impossible. Instead, case-by-case dispute resolution proceedings should be relied upon to resolve tradename disputes. Sincerely yours, Ronald N. Weikers Weikers & Co., Attorneys at Law 226 West Highland Avenue Philadelphia, Pennsylvania 19118 Telephone: (215) 242-5333 Facsimile: (215) 248-4647 http://www.software-law.com