Re: [ga] Reuters: Net name dispute body gets first case

[Mikki Barry <ooblick@netpolicy.com>]

At 2:38 AM -0800 12/7/99, idno@tallship.net wrote:
>So Virtual Works should win out over Volkswagon. Yeah, but it should be a
>non-issue anyway. And vw.cc should be able to be owned by "very wicked
>country clubs Inc." and Velma Wickenstein should not be intimidated when
>she wants to set up a gopher server at vw.org. And since we're talking
>about ownership, rather than registrations that have a notion of being
>temporary and leased, as opposed to owned (although that's what they
>really are - leased), good ole Velma should be able to offer up her domain
>name to Volkswagon for a fee. After all, volkswagon could ahve registered
>under every vw.xx that exists to lock out all of the domain space.

You're right, and I am certainly glad that Virtual Works won the 
fight.  However, there is an important issue here.  Virtual Works is 
a small business that had to work very hard to scrape up the money to 
defend its identity.  As an Internet corporation, its "storefront" is 
its domain name.  If Virtual Works didn't have the funds to fight 
this ridiculous lawsuit, the mere allegation of wrongdoing would have 
been enough to close the company down.

Some may argue that the UDRP would be a good thing in this case, as 
Virtual Works would not have had to pay for the challenge.  However, 
if Volkswagon wasn't reasonably sure it would win (i.e. if WIPO was 
the arbitrator) then Volkswagon would likely have invoked the 
"cybersquatting bill" and Virtual Works would have been faced with 
damages of up to 100,000 for having the audacity to register their 
initials as a domain name.

Even though "right" won the day, there certainly was a cost to be assessed.