[process2-comments] WIPO2 RFC-2 * Review from -- Key West Institute

 22/12/2000 Attention: World Intellectual Property Organization/WIPO Internet Domain Name Process, 34 chemin des Colombettes, P.O.Box 18, 1211 Geneva 20, Switzerland Subject: 'WIPO2RFC-2' "Request For Comments On Issues Addressed In The Second WIPO Internet Domain Name Process" Comments from the 16/12/2000 "Security Privacy and Internet Equity Symposium" of the "Key West Institute S6/Consortium Board" Key West, Florida USA. Our Institute's S6/Consortium Board reviewed the two topics of "Tradenames" and "Personal Names" our Board supports the following opinions: 1. Tradenames* -- are an important part of market development and our determination is that protection for tradenames should only be considered in relation to the gTLD designation filed. Tradenames are to be governed on a "use" basis and must be of a nature that is "Distinctive" with domains for external and local markets being under the jurisdiction of a "sovereign international entity". Any disputes should be governed by an International Board and the factor of "First Use" usually will take priority. Our belief of a "Distinctive Tradename" is to be documented by the registrar and in almost no cases can any generic word translated into any language would qualify for the "Distinctive Tradename" classification -- i.e. word "shark" translated into any language would not be considered a "Distinctive Tradename". 2. Personal Names* -- The Institute's review summation is that "in no incident will a personal name be protected or claimed by any secondary party and that the ownership/usage will be based on "First Register". All gTLD's will be able to register the same "Personal Name". Our Board has supported this "opinion" since the litigation complexity and name ownership determination would not be able to create a vehicle that would be equitable and take into account all of the factors of a personal name domain claim. * The above is an excerpt from the KWI S/6 Consortium Board's Determination -- and are the major factors in the review from the 16/12/2000 KWI Symposium. The Key West Institute has a number of projects that are focused on sustainable growth/technical research and the concerns of equity for the developing regions of the world. Our Advisory Members are from various spectrums of professions and have dedicated their efforts (i.e. applicant in 2000 for Rolex Enterprise Awards for Children Mariculture Education Programs) to the assistance to regions that have the self determination but might be lacking in expertise to manage various "intellectual" resources and methods to utilize plant/equipment resources to the furthering economic development of the regions. Our activities as a reporting, research, technical, and educational organization creates our desire to comment and monitor the WIPO's activities in order to review capacity that will undoubtedly benefit all of the citizens of the world. Please include our Chairman's name as follows to your suggested nomination list for the ICANN Board of Directors, We thank you in advance for your efforts and concern for World Development and Equity. Regards, T. Edward Kotas Chairman/Research - chairman@keywestinstitute.com Phone contact in United States of America is 305/745-8202 Key West Institute Key West, Florida USA www.keywestinstitute.com and www.missouri.mu Post mail to: T. E. Kotas 8473 Legend Club West Palm Beach, Florida 33412 USA