DNSO Archives: [nc-whois]

Gerry Sikorski, counsel for Thomson & Thomson, whom I have copied on this message, has asked that I post to the list their comments on the bulk access provisions of the interim report. As the comments indicate, Thomson & Thomson is a subscriber to bulk access to Whois under the current agreements, and I believe their perspective on the issues we will be discussing on tomorrow's call is useful.

For nearly a century, Thomson & Thomson has been the world leader in trademark and copyright services serving the intellectual property research needs of leading law firms, Fortune 500 companies and other businesses worldwide. Thomson & Thomson offers intellectual property research products and services that have gained an unmatched reputation for reliability, accuracy and comprehensiveness. Our online service Saegis is recognized as the industry's leading online trademark research tool.

A global organization, Thomson & Thomson maintains the world's largest collection of international trademark information. We also provide a variety of search and monitoring services to its clients, including comprehensive online trademark screening and monitoring services.

As the global economy continues to expand, so too does the importance of researching, registering and maintaining copyrights, trademarks and domain names. For those involved in the sale of almost any type of goods or services, a trademark enhances customer loyalty. It also builds brand identity, and earns recognition for a company. A copyright serves to protect creative works, and is especially important in highly competitive areas like entertainment, publishing and software.

We are proud to offer the most accurate and comprehensive collection of trademark, copyright and domain name information in the world. And, by combining our extensive information resources with a highly trained, highly dedicated sales, research and consulting force, T&T provides a unique mix of services that effectively and efficiently covers the entire lifecycle of trademark, copyright or domain names.

The bulk WHOIS data is used, in conjunction with other bulk files, in our trademark research business. We search domain name data looking for similarities in names or for groups of domain names with similar characteristics. The WHOIS records are not used for the creation of any mailing lists, electronic or otherwise. We do not construct any type of marketing material from the accumulated information. Having the WHOIS records on hand also allows us to provide more information to our clients when searches are conducted. If clients must retrieve the WHOIS records for individual citations, the work is time consuming and does not allow the material to be included in the printed research report.

We appreciate the fact that the formal comment period closed last week, but believe that the perspective of a current user of bulk access information may be helpful to the Task Force (See "INTERIM 4.0, Marketing use of WHOIS data; bulk access provisions"). Our use, and that of our subscribers, is clearly legitimate, critical to the maintenance and health of the nation's legal, commercial and intellectual property systems, and consistent with good public policy.

Our users and our researchers use the WHOIS data exclusively for research purposes. We use it to deter cyber-squatting, and insure that current names and associated intellectual properties are not being confused, diminished or degraded, Its access is strictly controlled, and we undertake our operations in compliance with the bulk access agreements with, currently, five registrars.

We strongly support insuring that bulk access is unfettered for legitimate uses, especially research users. We do not oppose the current marketing restrictions, their vigorous enforcement, or additional restrictions against marketing uses.

We thank you, and all of those members who have devoted so much work to this worthy effort, for the opportunity to express our thoughts.

[nc-whois]

[nc-whois] FW: Comments of Thomson & Thomson