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    Highlights of the ICANNWatch Archive
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    This discussion has been archived. No new comments can be posted.
    US Govt. Agency Says .us Procurement (Partly) Unlawful | Log in/Create an Account | Top | 59 comments | Search Discussion
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    It is against Unfair Competition Law & First Amend
    by WIPOorgUK on Friday February 15 2002, @04:19AM (#4885)
    User #3146 Info | http://wipo.org.uk/

    Virtually every word is trademarked, be it Alpha to Omega or Aardvark to Zulu, most many times over.

    Most trademarks share the same words or initials with many others.

    Any TM lawyer will tell you all that I write is true - though they will certainly disagree with my conclussion.

    Most companies share the same word(s) for trademark, in a different type of business (classification).

    But only one will be allowed to use it, to get the domain name in the American .US ccTLD.

    For example, the World Trade Organization (WTO) shares its initials with six trademarks - in the U.S. alone. Please check at USPTO.

    In this example, only one can be WTO.us !!!

    What about the other five ???

    As this is the main American country TLD (ccTLD) - is it not unfair on the others, that one should be given priority over them?

    The same goes for all words in the dictionary - a few will get priority over the many.

    Point 1 - I thought it unlawful to award it to just one - is it not against unfair competition law?

    Point 2 - This is abridgement of words that small businesses (without a trademark) and the American people can use - Surely it violates the First Amendment?

    Perhaps a lawyer would like to address these two points.

    None have so far - wonder why?

    No - I don't wonder why - I know the truth of the matter.

    My logical conclussion is this: Big Business is abusing the powers of their trademarks, the Lawyers are making a fortune out of it and the Authorities are corrupt.

    The authorities know the solution to trademark conflict with domain names. It was ratified by honest attorneys - including the honourable G. Gervaise Davis III, UN WIPO panellist judge.

    Please see it yourself at WIPO.org.uk.
    [ Reply to This | Parent ]
    Re: ICANN Boards must be quiet...
    by Grumpy on Friday February 15 2002, @11:48AM (#4888)
    User #2759 Info
    now that Mr. Anderson has made it here to begin singing his same tired song. A couple thoughts:

    1. Please provide a link to Jerry Davis' "ratification" of your proposed approach. I've seen this claim made numerous times without substantiation.

    2. Please explain how your 4LD and 3LD solutions really benefits the consumer any better than the current situation. In particular, how are consumers supposed to know which term best describes the goods or services in question? Should the hungry consumer, seeking a famous pizza place in New York, look for rays.pizza.us.reg, rays.restaurant.us.reg or rays.pizzapalace.us.reg? Oh, wait, should it be rays.pizza.ny.us.reg?

    3. Perhaps a directory page (like the .museum SLD pages) would work... but what consumer is truly going to search through the thousands of directory entries in computer.uk.reg just to learn that the company they really want is really in computer.jp.reg?

    Coming back to the original point of the post, SBA's objection to the sunrise period, I can't see a new TLD being launched without a sunrise period unless it's so regulated and limited from the beginning (a la .museum) that there's no incentive for speculators to grab territory corresponding to inherently distinctive trademarks.

    - Grumpy
    [ Reply to This | Parent ]
    Re: Bad response
    by WIPOorgUK on Friday February 15 2002, @10:23PM (#4889)
    User #3146 Info | http://wipo.org.uk/
    > Your point makes no sense.

    To anybody of intellect, the points I make are logical and straight-forward.

    > The sunrise period will happen, and will operate smoothly.

    You are obviously not aware of what is happening. Have previous Sunrises operated smoothly? The answer is NO.

    > Besides you live in the UK. The .us nexus requirement keeps you out anyway.

    I do not want any .us domains.

    I just give you warning of how Big Business are violating the Law.
    [ Reply to This | Parent ]
    Re: It is against Unfair Competition Law & First A
    by WIPOorgUK on Friday February 15 2002, @10:27PM (#4890)
    User #3146 Info | http://wipo.org.uk/
    Please expand.

    Your reply is a joke - because it does not explain why the solution is a joke.

    The answer to this problem was self-evident to any trademark expert.
    [ Reply to This | Parent ]
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