ICANNWatch
 
  Inside ICANNWatch  
Submit Story
Home
Lost Password
Preferences
Site Messages
Top 10 Lists
Latest Comments
Search by topic

Our Mission
ICANN for Beginners
About Us
How To Use This Site
ICANNWatch FAQ
Slash Tech Info
Link to Us
Write to Us

  Useful ICANN sites  
  • ICANN itself
  • Bret Fausett's ICANN Blog
  • Internet Governance Project
  • UN Working Group on Internet Governance
  • Karl Auerbach web site
  • Müller-Maguhn home
  • UDRPinfo.com;
  • UDRPlaw.net;
  • CircleID;
  • LatinoamerICANN Project
  • ICB Tollfree News

  •   At Large Membership and Civil Society Participation in ICANN  
  • icannatlarge.com;
  • Noncommercial Users Constituency of ICANN
  • NAIS Project
  • ICANN At Large Study Committee Final Report
  • ICANN (non)Members page
  • ICANN Membership Election site

  • ICANN-Related Reading
    Browse ICANNWatch by Subject

    Ted Byfied
    - ICANN: Defending Our Precious Bodily Fluids
    - Ushering in Banality
    - ICANN! No U CANN't!
    - roving_reporter
    - DNS: A Short History and a Short Future

    David Farber
    - Overcoming ICANN (PFIR statement)

    A. Michael Froomkin
    - When We Say US™, We Mean It!
    - ICANN 2.0: Meet The New Boss
    - Habermas@ discourse.net: Toward a Critical Theory of Cyberspace
    - ICANN and Anti-Trust (with Mark Lemley)
    - Wrong Turn in Cyberspace: Using ICANN to Route Around the APA & the Constitution (html)
    - Form and Substance in Cyberspace
    - ICANN's "Uniform Dispute Resolution Policy"-- Causes and (Partial) Cures

    Milton Mueller
    - Ruling the Root
    - Success by Default: A New Profile of Domain Name Trademark Disputes under ICANN's UDRP
    - Dancing the Quango: ICANN as International Regulatory Regime
    - Goverments and Country Names: ICANN's Transformation into an Intergovernmental Regime
    - Competing DNS Roots: Creative Destruction or Just Plain Destruction?
    - Rough Justice: A Statistical Assessment of the UDRP
    - ICANN and Internet Governance

    David Post
    - Governing Cyberspace, or Where is James Madison When We Need Him?
    - The 'Unsettled Paradox': The Internet, the State, and the Consent of the Governed

    Jonathan Weinberg
    - Sitefinder and Internet Governance
    - ICANN, Internet Stability, and New Top Level Domains
    - Geeks and Greeks
    - ICANN and the Problem of Legitimacy

    Highlights of the ICANNWatch Archive
    (June 1999 - March 2001)


     
    This discussion has been archived. No new comments can be posted.
    RealNames plays Unreal | Log in/Create an Account | Top | 17 comments | Search Discussion
    Click this button to post a comment to this story
    The options below will change how the comments display
    Threshold:
    Check box to change your default comment view
    The Fine Print: The following comments are owned by whoever posted them. We are not responsible for them in any way.
    Re: RealNames plays Unreal
    by simon on Monday May 13 2002, @04:30AM (#6285)
    User #2982 Info | http://www.nic.pro/
    "Isn't disney.example.com at least as potentially confusing?"

    It is trademark infringement. One would like to grab traffic by using "disney" as third level domain.
    Same thing with meta tags.
    Some interested groups (lawyers, arbitrators and mediators (e.g. currupt WIPO) want to tell one that even file names like "disney.mp3" could constitute trademark infringement. One could drive traffic to ones computer with such a file name in peer-to-peer systems like kazaa or morpheus.

    But one thing is clear: as long as you use the trademark "disney" to sell or promote Disneys products they won't sue you.

    Another thing is also clear: the intersted groups mentioned above want to make everything a trademark infringement so that they could sue everyone for every use of a trademark...and of course make $$$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 ]
    Re: RealNames plays Unreal by simon
    Re: RealNames plays Unreal
    by fnord (groy2kNO@SPAMyahoo.com) on Monday May 13 2002, @04:20PM (#6310)
    User #2810 Info
    Anon writes:
    It [disney.example.com] is trademark infringement.
    I don't think there's been any such definitive ruling...yet.
    One would like to grab traffic by using "disney" as third level domain. Same thing with meta tags.
    I don't know of any major search engine that parses or assigns any weight to 3LDs (unless it is, for example: disney.co.uk). And I very much doubt there'd be any type-in traffic, unless again it was at, for example disney.com.au, and even that would be miniscule and Disney would come after you. But if ICANNWatch.org set up disney.icannwatch.org to host the polls now found at the upper right of this page I doubt Disney would bother worrying about it.

    Meta tags are a somewhat different issue. They're not really within the purview of ICANN (or its Watchers) but that doesn't stop UDRP panelists using them as evidence to make decisions. So I'll mention them. :)

    First, misusing meta tags can (and usually does in short order) get you banned from search engines so it isn't really worth the risk. Second, Court rulings on meta tag misuse of TM's have been all over the map. Again I don't think one can point to any definitive ruling, even within a given nation. The interesting thing is that some who have clearly used famous mark meta tags to mislead and/or trade off have lost court cases in a bad way. A couple of individuals in Asia had million dollar+ rulings against them for using 'playboy' for example, so you won't see a lot of people trying that. When that ruling came down there were a heckuva lot of sites removing 'playboy' from their meta tags.

    I've said all along that instead of the IP folks investing so much time and money in the UDRP they could have pooled their resources and gone after a few of the worst bad actors. A couple of million dollar rulings would have chilled out most of the cybersquatters. Instead the worst bad actors, and many other cybersquatters, have learned how to beat the UDRP at least often enough to make it profitable, and without much risk. I'm all for taking a few of those who really don't play nice and metaphorically hanging them from lamp posts alongside the infobahn. Better to use existing laws than have ICANN come up with kludges.

    But one thing is clear: as long as you use the trademark "disney" to sell or promote Disneys products they won't sue you.
    I very much doubt this is the case. If you're not licensed to use the name Disney and you do, either to sell their product or a competing product, or an unrelated product, or even possibly no product, eg: if you registered disney.org, not only might they come after you, US trademark law more or less mandates that they have to come after you, as failure to aggressively protect your mark can lead to a weaker mark.

    BTW, disney.org does point to the Mouse and friends as a redirect, and if that isn't dumb enough, it redirects not to disney.com, but to disney.go.com. Disney bought the Go search engine a few years ago and ran it into the ground. I guess if they still have the domain name they figure they should make use of it. -g

    [ Reply to This | Parent ]
    • Oops by fnord Monday May 13 2002, @08:45PM


    Search ICANNWatch.org:


    Privacy Policy: We will not knowingly give out your personal data -- other than identifying your postings in the way you direct by setting your configuration options -- without a court order. All logos and trademarks in this site are property of their respective owner. The comments are property of their posters, all the rest © 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008 by ICANNWatch.Org. This web site was made with Slashcode, a web portal system written in perl. Slashcode is Free Software released under the GNU/GPL license.
    You can syndicate our headlines in .rdf, .rss, or .xml. Domain registration services donated by DomainRegistry.com