Re: [wg-review] [DNDEF]

[Eric Dierker <ERIC@HI-TEK.COM>]

I submit that if there are 350 million internet users, and we assume a user is a
stakeholder then the vast number of stakeholders in ICANN are individuals. If
ICANN is to be representative of the majority of stakeholders they should be the
advocate against TM rights and for individual rights.

Sincerely


Eric wrote:

> 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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