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[process2-comments] RFC-1
To: | process.mail@wipo.int | |
Subject: | [process2-comments] RFC-1 | |
From: | Solid.State.Design@ftp.wipo.int, "Inc." <chuckl@ssdi.net> | |
Date: | Fri, 15 Sep 2000 07:29:42 +0200 |
Name: Charles Linart Organization: Solid State Design, Inc. Position: VP PR Dear Sirs/Madams: WIPO is not the proper forum for addressing gTLD disputes as WIPO is primarily concerned with intellectual property issues in the commercial realm. The Internet extends beyond the commercial realm; thus, to have a body concerned primarily with commericial interests making decisions about domain names is both logically and ethically deficient. Domain name dispute resolution is clearly the domain of ICANN or some other primarily Internet-related body. Furthermore, domain names have an entirely different function than trademarks, trade names et al; lack the graphical qualities of trademarks and are an entirely different entity serving an entirely different purpose from trademarks. therefore, domain names ought not be tied to trademarks any more than the titles of books should be subject to disputes based on trademark infringement. The Coca Cola Company would have no grounds for initiating a trademark-infringement proceeding if the title of a book contained the words "Coca Cola." Likewise, it should not have grounds for initiating such an action against a gTLD. Free-speech and the public interest ought to take precedence over commercial interests, and I feel strongly that WIPO should suspend the 2nd RFC process and cede dominion over to domain name disputes to another more technically/public interest oriented body. In conclusion, because of their unique technical function and their dissimilarity from trademarks/tradenames, domain names should be issued on a first-come-first-serve basis, independent of trademark/intellectual property law. Sincerely, Charles Linart, Solid State Design, Inc. |
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