TIME WARNER INC.'S COMMENTS REGARDING SUNRISE PLUS TWENTY PROPOSAL
SUBMITTED MAY 10, 2000
Time Warner appreciates the opportunity to participate in this international
process, and hereby submits its response to the request for comments on the
"Working Group B (WG-B) Report" (hereinafter "Sunrise Proposal"). As
detailed below, Time Warner supports the implementation of the Sunrise
Proposal as set forth by the Intellectual Property Constituency ("IPC").
The Proposal is an effective method to proactively prevent the
cybersquatting of trademarks in new TLDs. Importantly, the Proposal is a
measured attempt to protect trademark rights, in that it is limited to
registered trademarks which have been in existence for at least one year,
and addresses those TLDs designed for commercial activity. Time Warner also
supports the comments of the International Trademark Association to the WG-B
Report, which were submitted on April 26, 2000 (These comments are available
at < http://www.dnso.org/dnso/dnsocomments/comments-wgb/Arc00/msg00023.html
<http://www.dnso.org/dnso/dnsocomments/comments-wgb/Arc00/msg00023.html> >).
Time Warner is the world's leading entertainment and media company, and has
experienced many important changes in the distribution of entertainment and
news. Time Warner and its various subsidiaries and divisions are the owners
of numerous famous trademarks including, but not limited to, marks relating
to Time Warner's various businesses (including CNN, HBO, SPORTS ILLUSTRATED,
and WARNER BROS.) and marks relating to Time Warner's world famous fictional
characters (including BATMAN, BUGS BUNNY, DAFFY DUCK, FRED FLINTSTONE,
LOONEY TUNES, PEPE LE PEW, PORKY PIG, SCOOBY DOO, SPEEDY GONZALES, SUPERMAN,
TASMANIAN DEVIL, THE JETSONS, TWEETY, WILE E. COYOTE, WONDER WOMAN, and
YOSEMITE SAM) (hereinafter "Time Warner's famous marks"). These marks have
been registered in over 100 countries around the world, and are strongly
associated with Time Warner by the public.
During the past few years, Time Warner and thousands of other owners of
famous and well-known trademarks have had their rights abused by
cybersquatters, who deliberately register domain names which simulate famous
trademarks for the purpose of commercially exploiting the domain names. The
infringement and dilution of famous marks through the registration of
corresponding domain names attacks the ability of rights owners to identify
and distinguish their products and services, and undermines the ability of
consumers to rely on trademarks on source identifiers.
In the past five years, Time Warner alone has been forced to address over
one thousand infringing domain name registrations relating to Time Warner's
famous marks. In addition, Time Warner has also expended considerable time
and expense in recovering domain names and attempting to identify and locate
the registrants of infringing domain names. The confusion and unnecessary
expense caused by these domain name registrations has been exacerbated by
the use of these domain names to promote inappropriate content to Time
Warner's younger audiences and to direct consumers to this content. Time
Warner and a number of other trademark owners have been forced to file
lawsuits against abusive domain name registrants, and Courts around the
world have ordered cybersquatters to transfer infringing domain name
registrations to rightful trademark owners. However, because of the time
and resources necessary to bring suit and obtain judicial determinations
prohibiting such illegal conduct, cybersquatters have been empowered by the
current domain name system to extort payments from trademark owners.
Indeed, ICANN's "Uniform Domain-Name Dispute-Resolution Policy ("UDRP")
allows cybersquatters leverage in that it does not permit trademark owners
to recover damages and/or attorneys' fees. Time Warner's experience with
cybersquatters demonstrates that the availability of litigation and the UDRP
alone are insufficient to address the unfair and unlawful extortionist acts.
While these remedies allow for redressing illegal conduct, they do little to
prevent it.
Therefore, Time Warner supports the Sunrise Proposal as a means to help
prevent abuse of the domain name system in the new TLDs. Specifically, Time
Warner urges that the Sunrise Proposal be enacted as to all commercial TLDs,
should be limited to trademarks with registrations at least one-year old,
and should allow for the registration of twenty variations of these
registered trademarks. As INTA has stated, the Sunrise Plus Twenty proposal
protects large and small businesses alike as they attempt to continue to use
their well-established trademarks on the Internet.
The domain name system should enhance the ability of consumers and rights
owners to identify and distinguish products and services, and allow
trademark owners to protect the valuable goodwill represented by their
trademarks. While no system can proactively address all potential
conflicts, through the Sunrise Proposal, the DNSO and ICANN have the
opportunity to prevent the unnecessary expenditure of millions of dollars,
the waste of valuable time, and the needless confusion of the users of the
Internet.
Respectfully Submitted,
Arthur B. Sackler
Vice President - Law and Public Policy
Time Warner Inc.
by counsel
Dennis Wilson
Keats McFarland & Wilson LLP