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.net domain proposal

  • To: net-agreement-renewal@xxxxxxxxx
  • Subject: .net domain proposal
  • From: Jim Wazup <wazupjim@xxxxxxxxx>
  • Date: Tue, 10 May 2011 20:13:04 -0700 (PDT)

A simple word trademark is not
equivalent to a domain.  If that were so, then www.example.com
would be equivalent to www.example.net
and www.example.org and
www.example.biz and
www.example.name and
www.example.co.uk and so
forth.  Why have different tlds if they are all equivalent?  Only if
a domain exactly matches the trademark (ie. the trademark includes
the letters .com or .net) could there be an infringement.

A word trademark is limited to small
business use.  For example, t-shirts, auto parts, television shows. 
If a website does not engage in the same business, then no
infringement should be granted.

Only if the domain website is active,
and contains content matching the trademark to such a degree that a
typical consumer would be confused should there be any question of
ownership.  If the word trademark also has a logo, and the logo in
use on the website is obviously different, then no confusion is found
by the visitor.

If the ownership of the domain
pre-dates the trademark, then there should be no conflict.

There should be an appeal process.

There should be a longer period of time
for the owner of the domain to respond.

The domain should be suspended
indefinitely rather than transferred, in cases of violation, to
prevent using this rule to gain ownership of valuable domains.

All costs should be paid by the party
that brings the objection, with the assumption that the party
(trademark owner) has a viable business and therefore can afford to
litigate/pay to protect their valuable trademark.

There should be agreement to

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