Re: [ga-org] First Ten Policy Questions
Jonathan Weinberg wrote on 13.06.01, 09:22:02:
> I like the idea of discouraging duplication (in general), but I have one
> cautionary story to tell about .com and .org duplication: A friend started
> the Women on Waves Foundation, a Netherlands-based nonprofit that offers
> reproductive-rights information and services, and registered
> <womenonwaves.org>. An unrelated entity then registered <womenonwaves.com>
> -- so as to get people looking for the .org site whose fingers reflexively
> typed ".com" after everything -- and pointed it to pages operated by the
> Operation Rescue organization inveighing against abortion and displaying
> pictures of purported late-term abortions. The foundation successfully
> UDRP'ed the .com name, so now they have both. How should any nonduplication
> policy affect them?
I have now read the Women on Waves UDRP case
Avoiding duplicate use of .com and .org does in my
opinion not mean that an entity -- e.g. a noncommercial
TM holder as in this case -- has to suffer mala fide
use of their name in the respective other TLD.
I looked around and found that "Women on Waves" is also
the name of a music program on a gay and lesbian community
radio in Melbourne, and the name of a Santa Cruz
Longboard Surf Fest for women. If e.g. womenonwaves.com
is registered by the radio or the surf fest: fine.
If the domain name is indeed used by or at least forwarded
to Operation Rescue to cause confusion, appeal for
contributions and display horrific pictures, take it
away by UDRP. If there is a nonduplication policy, the
Women on Waves foundation may chose to
-- give up the .com name, taking the risk that another
anti-abortion group uses the domain name (but they
will again be able to UDRP it if it is not deemed
legitimate noncommercial or fair use) or
-- keep the .com name and pay a premium for not taking
such a risk.
As I want to be consistent and fair, I'm afraid this
nonduplication policy would have to affect both groups
I endorse and support and groups I despise and abhor.
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