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Re: [gtld-council] IPC comments

  • To: gtld-council@xxxxxxxxxxxxxx
  • Subject: Re: [gtld-council] IPC comments
  • From: Robin Gross <robin@xxxxxxxxxxxxx>
  • Date: Wed, 22 Nov 2006 13:17:28 -0800

I do not believe it is fair for trademark holders to get special rights to register a domain name first. Lots of people have legitimate claims to words, not only trademark holders, so trademark holders should not be given special treatment regarding new domains. Amazon.com really doesn't have the right to prevent someone else from registering Amazon.info so they can discuss the South American rain forest. Trademark law doesn't give Amazon.com that right - why should ICANN? Our job is to promote competition, not carve out privileges for special interest groups.


Bret Fausett wrote:

On 11/22/06 2:32 AM, "Philip Sheppard" <philip.sheppard@xxxxxx> wrote:
while leaving the Registry with the same revenue that the Registry would
get if they sold the name to a fraudster.

It's actually not revenue neutral, precisely because trademark owners
register in the new TLDs but continue to brand their businesses under their
existing registrations.

So, for example, a name like AMAZON.INFO, which could have had a new,
non-infringing use with a new registrant, gets pointed to the same web host
as AMAZON.COM. Amazon doesn't differentiate its INFO name in any way and
doesn't advertise its services using it. From a marketing point of view,
Afilias now has one of its premium generic dictionary names registered to a
user that is never going to advertise its .INFO presence.

The best advertisement for a new registry comes from names actively used and
promoted by new registrants. When a "good" name gets parked by a trademark
owner, the registry gets none of the promotional value that comes with a
"good" name under use.


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