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Re: [registrars] WG-B Idea - Thumbs up or Thumbs down
I would think a waiting period would REDUCE litigation. It would help catch
innocent infringement by a domain name applicant before the applicant
invested significant funds and energy in the name..
But the idea raises an interesting point. I always thought the intent of
the various proposals was to protect two opposing camps: 1) existing
trademark owners from infringement or dilution and 2) domain name applicants
from selecting a name that someone else had prior rights to. But so far,
the various proposals have focused on the rights of the first camp.
I wonder if new ideas would surface if we took the perspective of the second
camp--the applicant. How do we prevent innocent domain name applicants from
putting themselves into a potentially litigious situation? While UDRP
exists to handle disputes, are we putting into place the right checks or
systems to prevent disputes in the first place?
----- Original Message -----
From: Antony Van Couvering <firstname.lastname@example.org>
To: <email@example.com>; Registrars@Dnso.Org <firstname.lastname@example.org>
Sent: Wednesday, May 03, 2000 1:20 PM
Subject: RE: [registrars] WG-B Idea - Thumbs up or Thumbs down
> Thanks for your note. A waiting period of any length of time invites
> frivolous litigation and will have a chilling effect on domain name usage
> and purchase. Also, unlike the sunrise period, it is continual, and there
> would be no getting back to "business as usual." It is, in effect, a new
> layer of bureaucracy, and an expensive and litigious one at that.
> > -----Original Message-----
> > From: email@example.com [mailto:firstname.lastname@example.org]On
> > Behalf Of Michael D. Palage
> > Sent: Wednesday, May 03, 2000 12:23 AM
> > To: Registrars@Dnso.Org
> > Subject: [registrars] WG-B Idea - Thumbs up or Thumbs down
> > Sorry for my quietness of late but I have been in Colorado at the
> > International Trademark Association. I have been pleasantly
> > surprised by the
> > number of ICANN registrars that have been in attendance. I almost
> > feel like
> > I am at an ICANN meeting.
> > In light of the discussions last week about new ideas in additional to
> > two Sunrise Proposals (all trademarks v.s. famous trademark list) I have
> > been talking to the registrars in attendance about other potential
> > solutions. One of the ideas that surfaced is the following. A 30
> > day waiting
> > period after a domain name is registered before it is activated.
> > there is no need for lists or sunrise periods.
> > I know this idea has been discussed in the past, however, I believe it
> > important to leave no stone unturned and consider this proposal
> > in light of
> > what is currently transpiring.
> > Yea or Nay?
> > Mike
> > P.S. For those that have advocated the creation of a famous marks list,
> > based upon what I have heard in the rumor mill among the trademark
> > the creation of such a list in the near foreseeable future (1-2
> > years) would
> > be highly unlikely.