Deborah and all, Hi Deb, I can identify with your concern. And as such we [INEGroup] have advocated opening up the Name space and are currently in process to providing that service through a number of Registries for additional TLD's as well as providing a better and more open Registrar system that what the ICANN is considering. In addition, with the use of SROOTS and BindPlus you will have global exposure in those new TLD's that currently in not available without ISP's pointing to your DNS servers or clients modifying their DNS specifications to their client software. Some have scoffed at this, and understandably so as they lack a good understanding how this works. In doing what we are proposing and working towards, the TM legal gules that are constantly hawking NSI Whois to find potential cases, we will at least make this not more difficult for them to do and also provide a method in which at the time of registration you have the option to automatically register your Domain as a Trademark as well should you so choose to do so, at an additional fee of course. This should kill two birds with one stone and also provide a broader choice as well for new Domains outside of com. net, and org. Deborah Hirshberg wrote: > I understand the importance of trademarks. I also understand the theory > that "speculators" are snatching up domains in order to profit from > their use, if and in hopes that a trademark owner comes forward > indicating that there is a potential trademark infringement by the > "speculator" holding a DNS, and offers to purchase the name or file a > case in court. > > What throws me for a loop, however, and excuse me if I sound naive, is > when someone is simply, and honestly, is not aware of a trademark being > held, selects and registers what appears to be two very common words > otherwise not necessarily known to be a company, and then receives > notice they are in violation of a trademark by the attorney of the > holder. The DNS registration follows along the field of work being > accomplished, and therefore the "creative genious" registers the domain > in order to put it to use for his/her website. There was no intent to > violate the trademark of the complainant, the registrant was simply > registering a domain. > > Professor Michael A. Froomkin from the University of Miami has written > extensively, and I'm not quoting here-these are my words, about how the > proposed policies of WIPO would put the "little" guy to a disadvantage > and favors trademark holders. The tragedy in my "naive" statement, is > that Professor Froomkin is so correct. > > I also am beginning to think that many folks/businesses/ and their > counsel, are lurking at NSI's website searching for that moment when a > trademark violation DNS registration has been filed. By now, most > companies, I would think, realize it is time to register their company > name if trademarked or not, for a website address. So, why is it that > just today, I received, on behalf of my company, a notice that a > registration I made just two weeks ago is in violation of a trademark? > It is too ironic. It's almost as though the attorney and the person > owning the trademark were just waiting for someone to register the > domain so they could sue, or threaten to sue. > > The problem with trademarks and DNS is by the time you do a trademark > search the DNS you wanted is taken. It happened to me a year ago. The > trademark search came back negative, and at the advice of my attorney, I > had held off registering the name for my new company, which would have > been "Cyberific". I had done a search at NSI, saw cyberific.com was > available. Attorney did Trademark search, two weeks later it came back > negative, I visited NSI to register domain and voila, someone had it. > Now, what are the chances of that happening? LOL > > Now, I registered a two word DNS (as one word) and receive a notice from > an attorney it violates trademark today. > > Trademarks are important, so don't get me wrong. But on the other hand, > with regards to the Net, I'm happen to think it is very much like > "homesteading" in the US in the early 1800's and after. I mean, outside > of an absolute attempt to violate a trademark, it seems ludicrous that a > DNS name registration could blanketly (is that a word?) be categorized > as speculation, trademark violation etc. > > What irks me even more was the wording in this attorney's notice. It > reads "Your registration is troublesome because it seems intended to > profit from my clients' mark's goodwill and to draw traffic to your site > for your competitive benefit...Any use by you of these domain names is > likely to cause turmoil on the web and result in a tremendous likelihood > of confusion..." > > I, on behalf of my company registered the domain, but had never heard of > a company by the name in question. I have another website related to it > that receives upwards of 5000 visitors a month and planned on having an > off-shoot business enterprise. Again, the words used are common, and > there is no way one might know, without a trademark search, that a > trademark was held. But in the course of conducting business on the > web, one must move fast to obtain a good name. If you wait, you lose. > Now, if I were to have registered "Ford.com" as Ed was referring to, I > can see there would be a violation of trademark, no questions asked. > But how is the little guy in "Pipsqueek Idaho" going to know that a > company in NY holds a trademark on two common words? > > Further thoughts? > > Deborah Hirshberg > > Regards, -- Jeffrey A. Williams CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng. Information Network Eng. Group. INEG. INC. E-Mail [EMAIL PROTECTED] Contact Number: 972-447-1894 Address: 5 East Kirkwood Blvd. Grapevine Texas 75208
