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[ga] Re: [GTLD Registries List] Concerns about "trademarking" domain names and giving priority to one TM holder out of hundreds


Richard and all,

  This is indeed a huge and still growing problem.

Richard Henderson wrote:

>    I question the wisdom of the priority given by Afilias to Trademark
> holders, particularly when it comes to generic names.
>
> If you want to post a site on helping cancer sufferers, then you are
> NOT "infringing" anyone's Trademark if you wished you had the right to
> register www.cancer.info (but you can't because priority's been given
> to Trademark holder)
> If you want to post a site to help raise money for orphans, then you
> are NOT "infringing" anyone's Trademark if you wished you had the
> right to register www.orphans.info
>
> You are just trying to act as a free human being, sharing in the use
> of the internet which should be shared by all.
>
> But instead, these names and thousands like them (generics) have been
> reserved as Trademarks (mostly fraudulently).
>
> It does make me question: what right does a US government quango like
> ICANN have, to authorise a system which gives prior use of thousands
> of names like these (in public use and in the public domain) to
> businesses who have their own Trademarks anyway.
>
> The cybersquatting, in the case of these generic names, is done by
> businesses who claim the right to deprive the rest of humanity the use
> of their own languages.
>
> I don't hold particularly strong views on this issue but I ask you:
>
> Who's doing the cybersquatting, once you reserve generic domains for
> trademark holders?
>
> I have spoken English all my life. What gives a US-appointed quango
> the right to block me from running a site like cancer.info or
> orphans.info?
>
> (Luckily, I managed to get www.prisoner.info - I'm a former prison
> governor, I think you call it "warden" in the States. I'm hoping I can
> develop a constructive site for families of prisoners. But I'm only
> able to because by luck, business did not reserve THAT trademark. Do I
> have to live in fear that my site will be taken down by any of the
> scores of Trademark holders of the word 'prisoner' all over the
> world?)
>
> We, the people of the world, have the right to use our own language,
> and share in the address systems of the Net, providing (like anyone
> else) we do not abuse other people's rights in the process.
>
> Why shouldn't people be allowed to write complaints about Ford Motors
> on a site called FordMotors.info?
>
> People used to fight for freedom of speech.
>
> If the complaints are lies, then Ford can take legal action.
>
> Whether the complaints are published on www.FordMotors.info or
> www.IhaveacomplaintaboutFordMotorsnowondertheyarelayingoffsomanyworkers.com...
> the fact remains, we have the right to express that complaint, and
> Ford has the right to contest it.
>
> The "trademarking" of domain names (and particularly of generic names
> belonging to everyone's language) has the potential to restrict large
> areas of the Internet address system to vested interests and big
> business.
>
> And even if you uphold the interests of business over everyone else,
> it has become clear that thousands of names are Trademarked by
> different businesses in different countries all over the world - so
> the system seems deeply-flawed. What gives ONE business the right to
> squat on a name, at the expense of the other businesses?
>
> And when it comes to generics, what gives ANY business the right to
> squat on a name, which is in the common usage of all people, who ALL
> have legitimate interests in... prisoners, cancer, orphans, railways
> (in every country!), recipes, childcare, etc etc
>
> What incredible ARROGANCE to think that anyone has a prior right over
> everyday words like these - and what a travesty, when you consider how
> well all these sites could be used for humanity, instead of being
> "trademarked" by one business out of hundreds, in one country out of
> hundreds.
>
>
>
>
>
>

Regards,

--
Jeffrey A. Williams
Spokesman for INEGroup - (Over 121k members/stakeholdes strong!)
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail jwkckid1@ix.netcom.com
Contact Number:  972-244-3801 or 214-244-4827
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208


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