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    ICANN opens forum on new TLD applications | Log in/Create an Account | Top | 22 comments | Search Discussion
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    Should the UDRP apply to TLDs?
    by KarlAuerbach on Wednesday April 07 2004, @09:39AM (#13322)
    User #3243 Info | http://www.cavebear.com/
    You raise an intriguing point - should ICANN's new TLDs be subject to challange, and subsequent transfer or cancelation, under ICANN's own UDRP.

    Certainly ICANN's adoption of .biz (despite a pre-existing TLD by the same name) turns up numerous hits on the USPT0's web site.

    Same for "mobi" - there are preexisting trademarks.

    Same for "cat" and "post" and "aero" and ... well just about all of 'em.

    Perhaps ICANN ought to finally realize that the UDRP is a disaster, a supranational law created by the IP industry to expand their rights, made through a process that actively excluded other concerned parties.

    But even if ICANN doesn't have such a revelation, they ought to be willing to live by the rules they impose on others and allow TLDs to be challanged by ICANN's own UDRP processes.
    [ Reply to This | Parent ]
    Should the UDRP apply to TLDs? by KarlAuerbach
    Starting Score:    2  points
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    Re:Should the UDRP apply to TLDs?
    by KarlAuerbach on Wednesday April 07 2004, @06:58PM (#13325)
    User #3243 Info | http://www.cavebear.com/
    The UDRP is an unmitigated disaster.

    It has never worked well.

    If there were merit in the UDRP then one would think that names of deities, schools, educational institutions, people, cities, and such would merit the right to raise the UDRP to protect those names.

    But no. The UDRP requires a trademark as a condition precedent. That means that the UDRP is only useful as a weapon in the hands of trademark owners. Other people who have rights in a name have recourse for protection to the legal system that the intellectual property people felt was too expensive and too slow for them.

    This is one sided and unfair.

    Moreover, the UDRP was constructed on the backs of net users - Take a look at the history of the UDRP the whole process was corrupted and perverted in favor of a an outcome that vastly extended intellectual property protection beyone anything seen before on this planet - it was a septic conception from the outset.

    If the UDRP were fair and fairly conceived and fairly applied as you suggest, that would only strenghen the argument that the UDRP ought to be applied to ICANN's new TLDs.
    [ Reply to This | Parent ]
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