[comments-deletes] No backroom deals!

[Loren Stocker <loren@800.net>]

Dear Todd,

I WHOLEHEARTEDLY disagree with your IP protest! Not because you don't have
valid points, but because everyone should be exempt from this WLS -- not just
those with a strong lobby. I too would not want my IP "optioned" by a 3rd
party. 
 
My objection is twofold. First a mere trademark does NOT entitle anyone to a
domain. Get over it. This has be fought over in WIPO and the concept is clear.
A trademark only applies to a class of goods. Domains can be often be used
elsewhere. The exceptions, of course, are famous trademarks that transcend the
class restrictions, i.e., AT&T, Coca Cola, McDonalds, etc. The rest of you
have NO SUPERIOR RIGHTS OVER THE PUBLIC FOR POSSESSION OR USE OF A DOMAIN IN
AN UNINFRIGING CLASS. As to continued use so that the "mark remains active,"
you are correct -- but this does not affect the new domain holder unless thay
intent to use the domain in the protected class.

The second part is more important. I object to IP holders have special
protection while the rest of the public is thrown to the wolves! WLS options
HURT EVERYONE WITH A DOMAIN -- not just trademark holders. And those of you
with a strong lobby should not seek to protect just yourselves. WIPO member
know the law. It would be self-serving to call for UN-protection of it member
while others are sold "protection," like one mob boss calling a truce with
another! As you recall, Versign call this WLS option "protection." Presumably,
IP members would then seek "UN-protection" or, exemption from the process, for
just themselves.

Bottom line, WLS shouldn't exist! I trust and pray that you in a position of
influence will not impose this unethical treatment upon others. Just make this
thing go away.

Todd writes:

"Until some semblance of whether or not there is a an IP tie-in to a domain
name can be decided, ICANN's registrars must not be allowed to push the
revaluing of domain names by holding them off the market. Further the concept
of a Wait List is ludicrous if I own the IP itself. If I register the IP as a
part of my service mark and continue to use it in print then the mark remains
active and mine whether the Internet Only domain name is hot or not.

This means that once registered, no domain can be resold to anyone else
without an IP release against the domain name. This is one of the failings
of the DNS system and the One DNS Root schema currently in place.

ICANN is and will continue to be in the middle of this practice problem
since it is refusing to take any sides with regard to the ownership of IP
marques that it proffers through its publication agent, its registrars...

Todd Glassey