RE: [wg-review] [DNDEF]

["Eric" <eric@springbreaktravel.com>]

In the example you gave below, the seller is attempting to profit from the
sale of a trademarked name.  If the holder of the TM took issue, it would be
up to somebody to decide if the value of the name was linked directly to, or
because of the company holding the TM.  For example, the name PepsiCola does
not hold inherent value unless you associate it with the soft drink company
and the general public's knowledge of that company.  Without those
associations, it would not be worth the millions of dollars that the name
would likely fetch on the name broker market.  The question that would need
to be answered may go something like this:  "Is the domain name holder
attempting to profit from or otherwise capitalize on the advertising,
marketing and or promotions efforts, or general knowledge of, a trademarked
name.  If the answer to that question is yes, it would indicate "Bad Faith".
It would be important to also determine if the DN holder has any individual
claim or standing to the trademarked name?  (For example it is his / her
last name, it has been the name of the family business for 50 years.)

-----Original Message-----
From: owner-wg-review@dnso.org [mailto:owner-wg-review@dnso.org]On
Behalf Of Sotiropoulos
Sent: Friday, January 19, 2001 12:07 PM
To: Philip Sheppard; wg-review@dnso.org
Subject: Re: [wg-review] [DNDEF]


1/19/01 3:37:25 PM, "Philip Sheppard" <philip.sheppard@aim.be> wrote:

>My suggestion for a common point of agreement stands:
>"what is important is the intent of the domain name holder. Are they in
good
>faith or bad faith? Do they seek fair DNS presence or do they seek to
>pretend to be what they are not?"

What about in cases of a trademark on a generic term, and a domain
registration of said generic term, where the registrant of the domain puts
it up
for auction to the first bidder that meets their price threshold?   Is this
"good
faith" or "bad faith"?  As I pointed out in an earlier post, the terms "flu"
and
"headache" are trademarked, and not by P&G.  Is it ok for P&G to engage in
selling such domains in an after market situation?



Sotiris Sotiropoulos
          Hermes Network, Inc.


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