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Afilias SUNRISE POLICY Revived.
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Does this mean that initial fraudulent registrants of generic names will get to keep them, or that names challenged by non-trademark-owners fall into the public domain, so that if I want one I need to make a fraudulent challenge and then have my buddy register the generic name as soon as the challenge succeeds? Or of course I could spend some real money do a quickie one-day trademark registration in some offshore jurisdiction if my challenge succeeded.
Peter Maggs
peter@maggs.info
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Re: Afilias SUNRISE POLICY Revived.
by Anonymous
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Of course you must have a sense of humor about this matter. The post you replied to claimed to register "business" under a trademark. And of course if this is true he should also claim "jackass" and "fraud" and get his picture lodged under both in the dictionary. OTOH, if he merely did it to prove a point then my hat is off to him, and I should like one of his pictures.
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Peter Maggs writes: Does this mean that initial fraudulent registrants of generic names will get to keep them... To my understanding, no. Afilias will self-challenge bogus sunrise registrations beginning December 26, 2001. Of course they'll have to figure out which they consider bogus, so some may be overlooked. On your other points, presumably a bogus challenge will fail (as I say, WIPO is being quite obtuse about its rulings), or if it succeeds it can/will be challenged by Afilias as above. Finally, it is too late to get a trademark registered for this process, it has to pre-date it. Some have covered that angle and got trademarks on sex et cetera, and no doubt more will do so on good generic names in advance of future TLDs. The trademark protection folks tried to control the namespace, so some speculators are using their own trademark process against them and have just moved up a level to become trademark squatters. How they'll be removed from there is anyone's guess. You can presumably get a trademark for sex with regards to a brand of table or boat or lightbulb through the USPTO, and there are probably quite a few non-US trademark offices with lower standards. The trademark lobby should have left well enough alone. Sue those who are clearly infringing, sue them large and make an example of them, and leave everyone else alone. Instead they try to extend trademark protection to where it doesn't
fit and wind up making it a bigger mess. -g
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