Re: [ga] ICANN benefits

[Sandy Harris <sandy@storm.ca>]

Russ Smith wrote:

>  Domains like
> guinness-beer-really-really-sucks.com have been found to be "confusingly
> similar."  Advantage to TM holder.

That sucks :-)

If the adjudicators cannot get this right on their own -- and there seems to
be considerable evidence that at least they haven't to date -- then methinks
we need some explicit guidance added to the UDRP.

In particular:

A satire domain -- say, ibm-sucks.com or Incomplete-But-Marketable.net --
is entirely legitimate. The only URDP case that should even be considered
against such domains would be one from a critic if IBM registered them to
prevent criticism. That should succeed.

Of course, that does not leave IBM defenseless. They can issue press releases,
rebut on their own site, ... use slander or libel laws if the satire goes
beyond those bounds, trade secret law in other cases, ...

Also, multiple non-conflicting uses -- as in Sun Oil and Sun Microsystems,
both valid trademarks in at least the US -- should be explicitly allowed.
The burden of proof for alleged conflict is on the complainant.
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