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[process2-comments] RFC-1


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[process2-comments] RFC-1


To: process.mail@wipo.int
Subject: [process2-comments] RFC-1
From: jules@acris.co.uk
Date: Sat, 12 Aug 2000 15:34:34 +0200


 Name: Julian Hall Organization: ACR Internet Solutions Ltd Position: Director It appears to me, after much consideration of the IP issues raised by the growth of the Internet and the ever increasing conflicting use of domain names, that the only possible solution to this issue is not the arbitrary re-assignment of domains when trademark conflicts or infringements are discovered, but rather a system by which holders of domains can be forced (eg by court order) to put into place prominent notices that will remove any consumer confusion, and redirect consumers who have mistakenly used the wrong domain to the correct one. For instance, streetsonline.co.uk is a domain held by a company that has established 'streets online' as their trademark over the last few years, while 'streetsonline.com' is a site that is obviously aimed at catching web browsers that have entered the wrong domain name. As I understand it, under your proposals Streets Online would be able to force the transfer of this domain to themselves. However, I believe this to be unfair to the ! existing registrant of streetsonline.com, as they may well have established business to that domain name which they would lose if the transfer occurred. However, if they were forced to place a prominent notice on their web site (and any other information given out to the public from services on that domain name, eg ftp servers, automatically generated responses to emails, and so on) explaining that the trademark of 'streets online' belongs to the other company, and giving their address, I think the issue would be resolved to the highest possible level of satisfaction for all concerned, including the consumers, for whom forced transfers of domain names can only be confusing and cannot be generally beneficial.