[ga-tm] Pattern Matching

["Patrick Corliss" <patrick@corliss.net>]

I'd also like to know why "pattern matching" is allowed as it is widely
expected that each case should be considered on its own merits.

Regards
Patrick Corliss

On Friday, September 29, 2000 2:44 AM (AEST), Russ Smith wrote:
To: <DOMAIN-POLICY@LISTS.NETSOL.COM>
Subject: "bulk" Domain holders warning


Trademarks.com (not affiliated with trademarks.org) is currently in the
process of compiling all the WHOIS data from all the registrars in order to
bring "pattern" violations against domain holders.  Note that the registrars
are required to give Bulk Access pursuant to the ICANN/registrar agreement
http://www.icann.org/nsi/icann-raa-04nov99.htm ( see item 6.)

The initial intent of this provision was to go after people who put domains
like "Coca-Cola.com" on eBay and try to sell them (a la Toeppen, etc.).  The
trademark legal community is now using almost any excuse to put forth a
"pattern" complaint.  In one recent case the registration of "edgar.org" was
given as evidence of some type of pattern.

In order to protect yourself you may wish to take the following steps to
ensure bulk access is not available.  Note that this information could be
used for other activities other than Trademark issues.  Often companies are
involved in mergers or other business plans that they may wish to keep
secret.  If there were no trademark issues companies would scream bloody
murder about having this type of proprietary information publicly available:

-Opt out of having your information released to those that get bulk access
to the database.  This is described in the ICANN/registrar agreement but not
all registrars may allow this "opt-out."  network solutions has an opt-out
by contacting their business affairs office.  First run a report of all your
domains and then request they all be "opted-out" of bulk distribution.

-Use different owner names.  One old trick is to use the domain name as the
owner of the domain.  This was an old trick used to avoid the NSI 'transfer
fee' so the domain could be transferred to a new owner without paperwork.

-Use different addresses for the domains.  Once everything is in the
database and address search will be possible.

-Use different DNS servers.  Right now someone can get the zone files and
easily group domains by nameserver.  If you use unique nameservers all they
have to do is get all the doms using that nameserver and do the whois
queries manually.

However, giving false or incorrect information in these records violates the
registration agreement with the registrar and they could delete the domain
for these reasons (and it has been done before by NSI when AOL complained
about AOLSearch.com).

Russ Smith
http://Trademarks.org


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