ICANN Email Archives: [whois-comments]

[Francis.Kowalik@xxxxxxxxxxxxx]

Whois information as currently required provides fast and generally 
accessible information regarding what persons or entities are registering 
domain names.

Walgreen Co. actively watches the web in order to protect its rights.  In 
order to protect those rights in its famous marks and goodwill associated 
with those marks ,Walgreen Co. regularly uses Whois information in order 
to determine the identities and contact
information of registrants of violative or potentially violative  domain 
names as well as to determine the owners of sites that serve to dilute or 
disparage  the Walgreens name or deceive the public by advertising items 
or services as coming from Walgreens when they actually are not.

In that regard, Walgreens has found itself being victimized by 
cybersquatting sites advertising competitors' goods and services, sites 
advertising or publishing adult-oriented materials and sites publishing 
misappropriated confidential and proprietary business information of 
Walgreens (e.g., âblack Fridayâ sites), other fraudulent sites offering 
phony giftcards and the like- all of which damages
and dilutes the famous and distinctive marks of Walgreens,and the goodwill 
associated with those marks, related goods, and services as cultivated 
over the past 105 years. These types of incidents are not limited to 
Walgreens, but are common to any well-known business.  Moreover, we 
understand and imagine that the forms of internet abuse and infringement 
via the internet will only increase in number and variety. 

Walgreens has systematically used Whois information to protect its rights: 
whether by simple cease and desist correspondence or similar 
communications, investigation into the infringing party to determine other 
potential legal remedies or by, as last resort, actively pursuing 
litigation or administrative proceedings such as UDRP (ICANN)- which 
Walgreens has done successfully.

Reputable businesspeople do not fear having their names and addresses 
available for contact. The proposed changes deleting,foregoing or masking 
Whois contact information will only serve to encourage people with 
malicious intent to use the internet as a platform for their fraudulent 
schemes. It will serve no valid interest to be able to hide such 
information and will only impede or thwart the efforts of businesses large 
and small to protect their good names and goodwill and will serve to 
increase the cost of legal action for those wishing to protect their 
rights and the safety of the public.

This issue is of grave importance to Walgreens and, we would presume, 
other companies like our own.

Accordingly, we strongly urge that the current requirements for the 
registration and availability of Whois information be maintained and 
furthermore, that any attempt to hide the names of the actual registrants 
of particular domains be eliminated. 

Sincerely,


Francis C. Kowalik Esq.
Senior Attorney; Intellectual Property
Walgreen Co. Law Dept.
M.S. #1425
104 Wilmot Rd.
Deerfield, Illinois 60015