[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]
RE: [wg-b] Protections for Noncommercial gTLDs.
Mallesons Stephen Jaques
Please see comments (in capitals to differentiate) below:
Warwick A Rothnie
Mallesons Stephen Jaques Melbourne
Direct line (61 3) 9643 4254
Fax (61 3) 9643 5999
From: KathrynKL@aol.com [mailto:KathrynKL@aol.com]
Sent: Saturday, 15 April 2000 2:26:PM
Subject: [wg-b] Protections for Noncommercial gTLDs.
1) The noncommercial gTLD is proposed by a registry should be accepted
as a noncommercial gTLD provided it does not seem outrageous on its face
[.BIZ seems commercial on its face and could be questioned. .UNION, if
proposed as noncommercial, appears to be noncommercial and has no basis
for being questioned.]
WHY IS .UNION "NON COMMERCIAL": WHAT COULD BE MORE "COMMERCIAL" THAN GROUPS
EMPLOYEES BANDING TOGETHER TO DEFEND/PURSUE THEIR OBJECTIVES VIS A VIS THEIR
3) Provided the gTLD is meeting its goal of serving organizations and/or
individuals engaged in noncommercial speech and activity, financial
activity in the use of the gTLD cannot be barred or limited. Many forms
of noncommercial speech engage in limited forms of financial solicitation
-- solely as a necessary form of support for the noncommercial speech.
law, solicitation of these funds does not change the underlying
or nature of the noncommercial activity or speech and cannot be subject
to review or limitation by ICANN or the registries within the noncommercial
THIS SEEMS VERY DANGEROUS AND SUGGESTS THAT THE
DICHOTOMY IS NOT WORKABLE. THE ISSUE HERE IS THE WAY IN WHICH THE DOMAIN
IS USED (AND HOW KEEPING THE NON-COMMERCIAL DOMAIN TO ITS "PURPOSE" CAN BE
FOR EXAMPLE, IF SOMEONE SET UP AMAZON.FAMILY OR AMAZON.UNION AND
OPERATED A BOOK SELLING SERVICE THROUGH THAT SITE, WHY SHOULDN'T AMAZON.COM
TO OBJECT? DO MOST USERS OF THE INTERNET CARE TWO HOOTS ABOUT WHAT TLD IS
TO THE BRAND?
4) The Registry agrees that trademark protections incorporated now or in
future to commercial gTLDs do not apply to its Noncommercial gTLDs.
SEE ABOVE AND BELOW.
Conclusion: Lack of public accessibility and awareness, as well as the
Uniform Dispute Resolution Policy and US Anticybersquatting Legislation,
will provide strong and effective community and legal enforcement mechanisms
to shut down inappropriate commercial activity that may migrate to the
HOW DOES THE ICANN UDRP APPLY IF RULE 3 IS THAT TRADE MARK
PROTECTIONS DO NOT APPLY?