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    This discussion has been archived. No new comments can be posted.
    Groundbreaking NAF Decision in NEW.NET Domain Case | Log in/Create an Account | Top | 86 comments | Search Discussion
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    Why give trademark holders advantages in registeri
    by simon on Friday August 30 2002, @08:33AM (#8803)
    User #2982 Info | http://www.nic.pro/
    ...domain names in new TLDs with "sunrise periods" ?

    as we all know and as acknowledged by this panel trademarks could be registered with abusive intents. so why on earth give trademark holders an advantage???nic.PRO will be back online soon with FREE sub-domains. Dowload the FREE plug-in at
    www.name-space.com/software
    [ Reply to This | Parent ]
    Why give trademark holders advantages in registeri by simon
    Re: Why give trademark holders advantages in regis
    by Anonymous on Friday August 30 2002, @08:46AM (#8808)
    Because some trademarks should not be registered in domain names at all by those not affiliated or authorized by the trademark owner, and because we want to keep squatters from having free reign on the Internet.
    [ Reply to This | Parent ]
    Re: Why give trademark holders advantages in regis
    by simon on Friday August 30 2002, @09:03AM (#8810)
    User #2982 Info | http://www.nic.pro/
    not all trademark suatters are that stupid as this one. i'm sure some more intelligent people only registered "SEX" as a trademark with abusive intents (only to grab a sex.newTLD). these people got a ticket for sex.info.

    what are the consequences from this decision?

    1. no "sunrise periods" in further new to introduce TLDs
    NeuLevels .BIZ STOP policy is much better.

    2. Arbitrators should not only check if there is a trademark, they should check if this trademark is really used in commerce.

    3. Trademark holders should prove that their trademark is really used in commerce, if they want to grab a domain name via WIPO or NAF.

    Imagine if I would never have found the article from Wired Magazine wherein the Complainant said that he only registered the trademarks to grab the domain names. Imagine if I would never have found the order in the case "Amazon.com against Kalaydjian (Complainant) wherein it is stated that the Complainant only has sold 98 bottles of his tanning oil branded as "AmazonTan", it is not mentioned that tanning oil branded as "SEX.SHOP" was ever sold.
    I WOULD HAVE LOST THE CASE (with some bad judging arbitrators)!
    The mere fact that the Complainant has a trademark that is identical to my domain name would have been enough.

    Believe it or not Mr. Diliberto, the Complainants lawyer also acts as an arbitrator!
    According to the lies he spread in this case I do not want to see his arbitration orders.nic.PRO will be back online soon with FREE sub-domains. Dowload the FREE plug-in at
    www.name-space.com/software
    [ Reply to This | Parent ]


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