[wg-review] Re: [ga] New TLD Agreements

[Sotiropoulos <sotiris@hermesnetwork.com>]

Jefsey Morfin wrote:
> 
> Dear Sotiris,
> On 08:09 01/03/01, Sotiropoulos said:
> >.  I REITERATE MY CALL FOR A MORATORIUM
> >ON ALL CURRENT/PENDING/FUTURE UDRP CASES THAT DO
> >NOT INVOLVE EXPLICITLY COINED WORDS.
> 
> Unfortunately ...  In which language? In which conversion system?
> Look at http://boadacious-tatas.com
> To me "boadacious" looks like a coined word, while to the
> Indians "Tata" is.
> And http://boadacioustatas.com is different enouhg to
> Indians to have been allowed to continue.

Every language in the world has an exhaustive
dictionary associated with it, in English the most
complete is the Complete OED (Oxford English
Dictionary).  If the word(s) in question are not
found in the dictionary and are therefore without
concise definition, it is reasonable to conclude
that the word is coined.  Also, there should be no
cross-linguistic application of this standard. 
What I mean to say is, if a domain is registered
in English (i.e. Latin alphabet characters), then
it would be inadmissable to relate such a domain
to a Chinese word simply because of phonic
similarity, for the word is originally an English
language "word" and NOT originally Chinese.  For
example: Coke is an English/Latin character word,
and it was coined as such (i.e. it did not exist
in the dictionary and was created for the use of
the Coca-Cola Company).  Now, because there may be
a similar sounding Chinese word that is spelled
out in Chinese characters this does not mean
Coca-Cola has any de facto given rights to the
Chinese word.  For, it is possible that the
Chinese word which sounds like "coke" is not a
coined word in Chinese and actually has some
Chinese meaning associated with it that has
nothing to do with soft drinks, and is found in
the Chinese dictionary. 

> >I believe
> >that in cases of coined words the UDRP is indeed
> >useful, but any other application of such a
> >"policy" is detrimental and highly injurious to
> >the interests of the ICW and ICANN.
> 
> BTW who is going to decide if the word is coined
> or not, since this may be 90% of the case?

Coined words usually have a date of first
appearance as somebody actually created them.  In
most cases, it is not very difficult to discover
the name(s) of the creator(s) of a word.  One
could appeal to a linguistic analyst in a given
language (i.e. that of the domain registration
itself, whether it's English or Chinese), to
discover whether or not the word is an original
creation, or whether it is public domain.


Sotiris Sotiropoulos
	Hermes Network, Inc.
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