Re[2]: [ga] TLD feedback from a client

[Jefsey Morfin <jefsey@wanadoo.fr>]

To all.
This rises the problem of DN abuse which is missing in the UDRP
if I am right (please correct me if I am wrong).

Let suppose Amazon Inc. register amazon.com, net, org, shop,
biz, sex, gay, church, etc... They are perfectly right according to the
current rules. But in so doing they prevent other legitimate Amazon
name holders to register their name.
-  could not the Amazon Christian Foudation ask for amazon.chuch
-  could not the Amazon Deli ask for amazon.shop
-  could not the Amazon Association ask for amazon.gay
which would be legitimate internet addresses for them?

IMHO a domain name must serve the internet community in
helping access:
-  in converting a mnemonic into an IP address
-  in qualifying that mnemonic so people can understand which
    address they are using.
This is UN international standard about addressing. There are
thousands of Fords around the world: you can mail them a letter
because their name (mnemonic) is accompanied by qualifiants
(address, city, country). And no one claims for the name: only
a few claim for the name being associated to a given business
withing the limits of law.

There is no way of enforcing it, but it could be included in the
UDRP process that the result could only be an exchange for a
better public understanding if you already own the DN in a TLD.

This boilds down to a change in the public's mind: today the
DN is considered as a DN with "com" as a "default" TLD, now
the Internet address will resume its role as a "road sign" and
the TLD will make a difference ("com" increasing its value as
the "top" TLD).

Again (I think I am the old Caton): this calls for a DN definition
in the UDRP document. You cannot rule about something you
do not know. TM lobby says the DN is a label, a label is what
is a TM, hence the DN is TM like and TM rules apply (which is
quite specious - this way you prove a women to be a man -
allthemore than they havd to create new rules for the TLD
specifics). I say the DN is a "road sign": it only tells where is a
site the users accept or want to call with that name: standard
rules apply to the site and to the users.
Jefsey

At 04:25 04/10/00, you wrote:
>Hello Attyross,
>
>Tuesday, October 03, 2000, 5:21:21 PM, you wrote:
>
> > In a message dated 10/03/2000 7:58:24 PM Eastern Daylight Time,
> > love@cptech.org writes:
>
> >> would an Amazon.biz violate anyone's legitmate trademark rights?
>
> > You better believe it.
>
>Wouldn't that depend on the manner in which it was being used?
>
>The mere registration and existence is not violating anyone's
>legitimate rights, correct Ross?
>
>Someone could most definitely use Amazon.biz for Amazon Health
>Products, or some other such company that legitimately uses the common
>word Amazon in its name.
>
>--
>Best regards,
>  William                            mailto:william@userfriendly.com
>
>
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