RE: [ga] Interesting WIPO ruling re: NewZealand.biz

["Rodrigo Orenday Serrato" <rorenday@banxico.org.mx>]

I'd have to give it thorough reading, but this argument that the name of a
country constitutes a trade and service mark seems quite flimsy, as
generally the names, acronyms, etc. of official instutions can not be used
as trade or service marks, unless so authorized by the institutions to which
they correspond; ergo, the name of a country would also be banned from use
as a trade or service mark.

In the end, it seems to me that it all amounts to the lack of controls on
the registration of domain names, as stated in WIPO's Final Report for the
Second Domain Name Process when dealing with those that replicate the names
and acronyms of international institutions.

Atentamente, Regards
Rodrigo Orenday Serratos



-----Mensaje original-----
De: owner-ga@dnso.org [mailto:owner-ga@dnso.org]En nombre de George
Kirikos
Enviado el: Martes, 08 de Octubre de 2002 10:42 AM
Para: ga@dnso.org
Asunto: [ga] Interesting WIPO ruling re: NewZealand.biz


Hello,

I came across the following today:

http://arbiter.wipo.int/domains/decisions/html/2002/dbiz2002-00270.html

It was quite a strange matter, and the Respondent basically wanted it
transferred to the New Zealand government.

For those who follow UDRP cases, though, I hope this one doesn't set a
precedent, as it seems to be a poor complaint in the first place. For
instance, they wrote:

"Complainant indicates that "NEW ZEALAND is a trade and service mark
owned collectively by all NZ citizens, organizations and the State,
i.e. by the Complainant", and

"Persons seeking to do business in a country via the Internet will
assume that the domain name [country].biz is run by or on behalf of its
institutions, so that the mere acquisition of a [country].biz name by a
person who is not a citizen, organization of or the state is an act in
bad faith."

I think that'd be a new low in terms of poor reasoning for "bad faith".
I would hope that if there had been a stronger defence, a case like
this wouldn't have been decided in this manner, as it weakens the
claims of other legitimate domain owners.

Sincerely,

George Kirikos
http://www.kirikos.com/

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