Re: [wg-review] Trademarks and UDRP

[Luca Muscarà <muscara@unive.it>]

As of possible interest to the group:

REGISTRARS MEET TO DISCUSS HIJACKING OF DOMAINS


Pushing for uniformity in the handling of Internet domain name disputes, the
World Intellectual Property Organization (WIPO) on Tuesday kicked off a
conference in Geneva with representatives from 66 country domain registrars.



.... http://www.cnn.com/2001/TECH/internet/02/20/WIPO.meeting.idg/index.html


Dassa wrote:

> One of the things that have always confused me was why trademark issues were ever allowed to enter into formation of the domain policies.  Trademarks are localised to particular regions as are business names etc.  Domain names are not regionalised in their use, not even the country codes.
>
> For instance, if I register a business name in one State of Australia, there may be others using the same name in other States.  I have no means to prevent this except by registering my business names in all States.  The same goes for cross country borders.  Trademark law is also different between regions and although there is some internationalisation, it is not universal.  However we have attempts to make the domain names ruled by trademark law, predominately from the US.
>
> This forcing of policies onto domain names that are not even reflected within the regional laws is very hard to understand.
>
> I am also concerned about the issue of the UDRP and associated rulings being applied to third and forth level hostnames/domains.  I have already personally witnessed attempts to threaten UDRP and law courts over third and forth level domain names.  Just where is it going to end?
>
> Darryl (Dassa) Lynch.
>
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