ICANN ICANN Email List Archives


<<< Chronological Index >>>    <<< Thread Index >>>

STI - Trademark Interests - and Domain Registrant Protections

  • To: <sti-report-2009@xxxxxxxxx>
  • Subject: STI - Trademark Interests - and Domain Registrant Protections
  • From: "Max Menius" <mmeniusjr@xxxxxxxxxxxx>
  • Date: Tue, 26 Jan 2010 19:25:24 -0500


I am writing to reinforce and echo the well-articulated points offered by Mr. 
George Kirikos. His substantive comments on the STI and specifically the need 
for "domain registrant protections" represent my position as well. 

Mr. Kirikos offers a valid argument that domain registrant interests should be 
carefully protected and balanced against trademark interests. This is 
paramount, and an integral part of the overall equation. Domain registrants 
should receive equal protection from over-zealous TM attorneys. 

While the UDRP is an effective mechanism for dealing with infringement issues, 
it is also subject to misuse, and is a cheap means of reverse domain name 
hijacking (which itself carries no real financial penalty). The integrity of 
the UDRP process could potentially be improved through greater formalization of 
ICANN's relationship with NAF and WIPO. 

As a needed point of clarification, Leigh Fulwood's comments (Corporate Counsel 
for Costco) unfortunately complicate and confuse the public's perception of 
trademark infringement. Leigh seems to incorrectly associate trademark 
infringers with "domainers" in his/her comments submission to ICANN (quote 
included below for reference). Leigh's unfortunate choice of words is 
counterproductive, and serves to complicate a delicate issue. 

Suffice it to say that "domainers" ARE legitimate domain name registrants. 
Domainers ARE end-users, and their rights should be carefully protected. 
Domainers are to be distinguished as separate and apart from cybersquatters. 
These are not synonymous terms, or two sides of the same coin. That Leigh fails 
to appreciate such an important distinction interferes with intelligent 
discourse on the matters at hand by all involved parties. "Domainers" and 
"trademark owners" are not mutually exclusive, nor are their interests. They 
are both victimized by cybersquatters.

(Leigh Fulwood, Costco) -> "As a trademark owner it is difficult for us to 
understand why the domain
name ownership paradigm is so much more friendly to infringers and
"domainers" (as they are called in the industry) than to trademark
owners and Internet end-users." 

Thank you for the opportunity to offer comments on this important matter.


Max Menius
Menius Enterprises, Inc.
Greensboro, NC, USA

<<< Chronological Index >>>    <<< Thread Index >>>

Privacy Policy | Terms of Service | Cookies Policy