Re: [ga] New TLD Agreements

[Sotiropoulos <sotiris@hermesnetwork.com>]

Jeff Williams wrote:
> 
> WXW, Michael and all remaining assembly members,
> 
>   I must also agree with William on this one.  The UDRP is an abomination
> 
> of gargantuan purporting.  It is extra-legal, it thwarts due process, it
> has less and less support on a global basis by stakeholders.  The
> evidence
> is simply overwhelming.  The UDRP should be suspended until reforms
> are incorporated or done away with all together.

I'm not convinced that the UDRP should be done
away with completely. However, I have repeatedly
called for a moratorium on UDRP cases NOT
involving coined words.  I think that this should
be seriously considered by ICANN as a face-saving
move which would do much for its currently
tarnished image among the ICW.  No trademark
holder of a generic term (or any other dictionary
term) is de facto entitled to a domain name!  The
contention that this is so is ludicrous and is
totally responsible for the bad press the UDRP has
received.  When a trademark is registered, there
is no concommitant "rights" to a domain name
granted with said registration!  A trademark is an
exclusive right to use a word in a specific
commercial context and NOT in all commerce
generally!  This has somehow been
overlooked/ignored and is the reason for the
mounting (and already great) discontent with the
ICANN and UDRP among the ICW.  WIPO must be
reigned in or they will ultimately discredit ICANN
completely.  I REITERATE MY CALL FOR A MORATORIUM
ON ALL CURRENT/PENDING/FUTURE UDRP CASES THAT DO
NOT INVOLVE EXPLICITLY COINED WORDS.  I believe
that in cases of coined words the UDRP is indeed
useful, but any other application of such a
"policy" is detrimental and highly injurious to
the interests of the ICW and ICANN.

Sincerely,

Sotiris Sotiropoulos
	Hermes Network, Inc.
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