Re: [ga-org] First Ten Policy Questions

[Alexander Svensson <alexander@svensson.de>]

Jonathan Weinberg wrote on 13.06.01, 09:22:02:
> 	I like the idea of discouraging duplication (in general), but I have one
> cautionary story to tell about .com and .org duplication:  A friend started
> the Women on Waves Foundation, a Netherlands-based nonprofit that offers
> reproductive-rights information and services, and registered
> <womenonwaves.org>.  An unrelated entity then registered <womenonwaves.com>
> -- so as to get people looking for the .org site whose fingers reflexively
> typed ".com" after everything -- and pointed it to pages operated by the
> Operation Rescue organization inveighing against abortion and displaying
> pictures of purported late-term abortions.  The foundation successfully
> UDRP'ed the .com name, so now they have both. How should any nonduplication
> policy affect them?

I have now read the Women on Waves UDRP case 
(http://arbiter.wipo.int/domains/decisions/html/2000/d2000-1608.html).

Avoiding duplicate use of .com and .org does in my 
opinion not mean that an entity -- e.g. a noncommercial 
TM holder as in this case -- has to suffer mala fide 
use of their name in the respective other TLD. 

I looked around and found that "Women on Waves" is also 
the name of a music program on a gay and lesbian community 
radio in Melbourne, and the name of a Santa Cruz 
Longboard Surf Fest for women. If e.g. womenonwaves.com 
is registered by the radio or the surf fest: fine. 
If the domain name is indeed used by or at least forwarded 
to Operation Rescue to cause confusion, appeal for 
contributions and display horrific pictures, take it 
away by UDRP. If there is a nonduplication policy, the 
Women on Waves foundation may chose to
-- give up the .com name, taking the risk that another
   anti-abortion group uses the domain name (but they
   will again be able to UDRP it if it is not deemed
   legitimate noncommercial or fair use) or
-- keep the .com name and pay a premium for not taking
   such a risk.

As I want to be consistent and fair, I'm afraid this
nonduplication policy would have to affect both groups
I endorse and support and groups I despise and abhor.

Best regards,
/// Alexander
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