[process2-comments] RFC-1

 Name: Brian Hartley Organization: In private capacity Position: Owner of Domain names Very comprehensive terms of reference and subject matter for discussions. I have though 3 points to add regarding Domain Names and Trademarks, the first 2 are potentially extensions of Trademark reference (ii) the 3rd comment I believe is a 'precedent' that has now been set and should be considered by WIPO :- 1. Consider where a Trade Mark owner, either common law or Registered, attempts to use legal dominance/money to use part of the TM (especially if two or more words and one is a fairly common word) to lay claim to Domain Names that 'interest' the TM owner as they utilise by chance one of the words. Ie if TM is XXXX YYYYY and TM onwer seeking capture of XXXX CARS.COM Domain the claim perhaps should only be considered if TM owner is prepared to simultaneously lay claim to all Domains with XXXX in them. 2. Need to consider aspect of a TM owner seeking claim to 'Foreign Domains' with different Language Translations of 'common words' in a TM. 3. In the past Domain Name Registrants have had to request a Registrar to sell a Domain that Registrant has devised/requested. Now with the advent of .tv Domains a precedent has been set where a Registrar OFFERS specific NEW Domains for sale either direct sell or Auction. It is not beyond the realms of possibility and reasoning that some domains will comprise in part of TMs. This aspect of offer as opposed to request should be added to the criteria for determining WIPO policy re Domains with parts of TMs. End --- You have a difficult task to balance rights of individuals, small Companies large Companies and Mega sized Global Companies.