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[process2-comments] RFC-1
To: | process.mail@wipo.int | |
Subject: | [process2-comments] RFC-1 | |
From: | jakepepper@excite.co.uk | |
Date: | Fri, 18 Aug 2000 20:17:45 +0200 |
Name: Jake Pepper Cybersquatting or cyberspeculation? Barcelona.com decision is wrong. Spain should be told to create a .gov suffix (or the Spanish equivalennt) as the UK has done. This would then allow the city of Barcelona to use barcelona.gov.es. If this is too complex why cannnot geographic place names just register as for example barcelona.gov ************************************************* I refer to the proposal to extend protection to holders of trade names, which need not be registered trademarks, as well as to individuals and geographical placenames. You are asking for trouble. Legal action is bound to be taken against WIPO in different countries because of some of these proposals. Why? Because you are failing to differentiate between cybersquatting and cyberspeculation. I have no sympathy for cybersquatters. To register the domain name of a companies trademark etc. is foolish in the extreme and should never have happened. However in other areas - particularly that of geographic place names - which nobody can be said to "own", you are effectively imposing retrospective legislation. Domain names were made available on a "first-come, first-served basis". So, people registered domain names in a speculative manner. People also speculate in real estate in much the same manner. They see potential where others do not and take a risk with their cash. They might make a profit but they also take a chance on making a loss. Please do not even try to restore geographic place names to anybody who tries to claim them. You are bound to have legal action taken against you if you do. I could quote many examples but just a few will suffice. The domain name paris.com is registered to mail.com. Under your proposals should it begiven to Paris, France or Paris, Texas. The domain liverpool.com is registered to the Liverpool Echo newspaper in the UK. Should this be given back to Liverpool City Council or Liverpool Australia or any of the other Liverpools throughout the world. The confusion arises because these cities should use the .gov suffix not the .com which is for commercial sites. In the UK, USA and Australia, for example, all geographic place names which need domain names can be given .gov suffixes. As a result, for example, liverpool.gov.uk is used by Liverpool City Council. Other countries should be encouraged to initiate a .gov suffix equivalent for their geographic place names. If you hand over the .com equivalents you will be engaged in domain hijacking which will eventually bring you to court in America or the UK or wherever. Think very carefully before you do this. If you have to defend a class action eventually then you could end up paying out many millions in damages. |
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