[comments-wgb] Response to Sunrise Proposal

["Juan Roberto Gonzalez" <jgonzalez@swlaw.edu>]

WG-B,

You should know that not all IP attorneys are in favor of the Sunrise
plus 20 propsal by the IPC.  Like the U.S. Business Administration
attachment, and many of those attachments that followed those comments,
it is important to understand that the Internet was not created in the
spirit of commerce.  The Internet, at its inception was created for the
transfer of information.  The Internet, was a non-commercial vehicle
used to provide individuals with a more efficient way of communicating
across borders.  By providing trademark owners with special rights which
national or international law does not provide, you are practically
giving this medium to their control.

Trademark owners have a right to protect their trademarks, however, as
Mr. Sexton and Mr Berryhill have pointed out, they do not have a right
to prevent anyone from using the mark.  They can protect their mark from
infringement, but what about when the mark that although similar or the
same, is used in a different industry or is considered fair use.  The
Sunrise plus twenty proposal basically prevents these to principals of
trademark law from being exercised by others.  As has been pointed out
the UDRP has been providing adequate protection for trademark owners
from cybersquatters and adequate protection from reverse trademark
highjacking to legitimate domain name owners.  Further, it is up to the
trademark owners to have legislation passed in the country where they
want their trademark to be protected which protects offers them further
protection.  Ex. the Anticybersquatting Act passed in the U.S.
Trademark owners want the cake and they want to eat it too.  They want
full protection by the courts and special treatment by ICANN.  The issue
of trademark infringement is one for the court and the legislative
bodies of each individual country.

I pose this question: What will prevent trademark owners from
registering more than twenty domain names?  Just because they agree to
register 20 domain names during the sunrise period does not mean they
will not register as many  as they can once that period is over in any
of other gTLDs.  Like another commentor has said, "they can register the
domain name and trademark if on the spot for future use."  Leave the
issue of trademark infringement to the courts and the legislature.
ICANN is sliding that slippery slope. Today famous trademarks, tomorrow
"web colors".

Sincerely,

Juan R. Gonzalez
President
Hispanic National Bar Association Law Student Division