Please Help Protect Generic Domains from Corporate Pirates - re: Special Trademark issues (STI) Recommendations

[sbarclay@xxxxxxxxxx]

Dear ICANN,
Stop allowing companies and individuals to steal generic words and phrases
from domain owners. There have been many instances where domain owners
lost ownership of domains they owned BEFORE any trademarks were registered
for that word or phrase. Also when reverse high jacking has been
determined by the panel or individual arbitrator there has been NO severe
penalties to the individual(s)/groups that initiated the complaint to
deter these frivolous complaints.
Two examples of these bad decisions that the UDRP basically helped someone
to steal a domain that was registered in "good faith" in some cases years
before any trademarks were registered are:

#1. OPENDENTAL.COM - Korean dentist registers opendental.com in 1999, but
doesn?t put up a web site. Open Dental Software starts using the phrase
?open dental? in 2003. Panel finds bad faith in the dentist?s continuing
to renew the opendental.com domain even though he wasn?t using it after
Open Dental Software had a trademark on the phrase ?open dental?.
Outrageous decision that should not have occurred. The complainant knew
that the domain was already taken when they started to use the phrase. The
UDRP system basically helped him steal the domain from the rightful owner.

#2. DEACOM.COM - Individual registered Deacom.com in 1997, incorporated a
company under that name, and used the domain for his email, yet a Panel
found no legitimate use and bad faith registration and turned the domain
over to the Complainant, who did not file their trademark on ?deacom?
until 2006. Another bad decision that helped steal a domain from it's
rightful owner.

Please don't make it easier for individuals and corporations to steal
generic words and phrases from legitimate domain owners.

Best Regards.




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