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Re: [ga] More UDRP Proceedings

Bret and all,

Bret A. Fausett wrote:

> Ellen Rony wrote:
> > It's interesting that in two of the new proceedings, the domain names were
> > registered in January and December 1995, respectively.  I'm disturbed by
> > the notion that a domain registrant's remains vulnerable to a challenge in
> > perpetuity.
> You raise an interesting point. As you probably know, under U.S. law, some
> trademark registrations become incontestable after a period of time. Given
> the amount of money now going to build an online presence (according to one
> recent study the *average* cost for a new e-commerce site exceeds U.S.
> $1,000,000), protecting a domain name after a similar period of continuous
> and unchallenged use might make sense.

  We are in complete agreement here in your conclusion.  As to the average
cost item, I may differ with you, but that is really quibbling for the purposes
of this thread.

> While Harald is probably right that, as a practical matter, a long period of
> use makes the challenger's task in a UDRP proceeding daunting, shouldn't a
> domain name owner have some certainty after a long period of use that their
> name will not be taken away?

  The do actually should they choose not to engage in the UDRP process
and seek a legal remedy.  The legal precedent has already been set.  A Domain
Name is property.

> We talk a lot about stability of the Internet. I would think this goal would
> be furthered by giving domain name owners an incontestable right in their
> name after a period of long, continuous, unchallenged use.

  In as much as the policy direction that ICANN should be taking, I agree.
Other considerations such as modification of the Lanham Act would need
to be amended to accommodate this direction as well.

>         -- Bret


Jeffrey A. Williams
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