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ICANN opens forum on new TLD applications
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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.
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[ Reply to This | Parent
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Should the UDRP apply to TLDs?
by KarlAuerbach
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Karl - you are 100% correct - UDRP is a disaster.
If you will forgive me saying - UDRP rules are a pathetic joke - practically gimme's.
Please close your eyes - my usual rant for casual reader:
Virtually every word is (or can be) registered as a trademark many times over by different type of business in same or different country.
There is bound to be confussion with domain names.
Even though these words are trademarks, it may be possible for you to register them in another class - or even legally use to start a new business without registering as trademark.
But - they will not let you register as a domain name (Sunrise) - or take it away from you (UDRP).
You can have the trademark - but not the domain name.
Indeed, you can use any words for any legal purpose you wish.
Errrr - is it only me that can see this is clearly trademark overreach?
Only crooks would support this corrupt state of affairs - US DoC - ICANN - UN WIPO - self-serving lawyers.
Guess why these crooks do not want the consumer to know which domains belong to trademark a holder.
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[ Reply to This | Parent
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Karl, ignoring Garry's tired old comments about the UDRP, I'm surprised you would raise this as an issue.
The UDRP works well, and has been applied in nearly 10,000 cases. It has been upheld in federal court and other national court actions.
Garry's claims lack merit, and new sponsored TLDs should adopt the UDRP.
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