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Username: Gregory W. Krajewski
Date/Time: Fri, March 2, 2001 at 4:56 AM GMT
Browser: Microsoft Internet Explorer V5.01 using Windows 98
Subject: The Sunrise proposal will dilute the system....Also What is the status on IOD's Rec. Request??


I must agree with the dot tv corporation, this is unacceptable, with regards to the action on the reconsideration requests taking so long, Although Image Online Design has been waiting not just 11 weeks for approval, try 5 years!!!!  What does it take?  An act of congress??

We understand that you have the "contract" to supervise the technical aspects of the internet.  It is mightily apparent that (you) ICANN have interpreted the contract to mean that you can disregard your own bylaws (for whatever the purposes, that is NOT the point.)

I have just a couple of points to make about the Sunrise Proposal and competition.

1) SUNRISE:  The sunrise is contrary to existing trademark law.  A process which circumvents the entire trademark protection process in the US and other countries, specifically is not viable and most certainly would be challenged in the courts (which court is another issue, ie. Sovereignty).  The sunrise would actually dilute the effectiveness of a trademark as it would be assigning rights before they are even challenged....Think about it.

In the US it is up to the TRADEMARK holder to police their marks....Not ICANN, and certainly not the registeries which up to this point have been protected from lawsuits (NSI and the dot sex case).

Why did the framers of our laws set it up so that the TM owner would have to police their own marks:   To prevent the very dilema that your about to embark on, which is implying automatic rights (making it EASY) for someone with a piece of paper and a stamp on it to claim absolute use.  TM protection is much more than that...For one thing, a TM owner must use the mark for it to be in force (who is going to police that...), Secondly who is to say, one TM owner in one class has anymore rights than another....That is why they set up the class system...Only what your doing (if the Sunrise goes through, is COME AND GET IT...Again, the paper alone doesn't mean anything)

If the sunrise were implemented (which I do not believe had consensus...I really don't) the lawsuits from TM owners in different classes of goods and services would entirely defeat any benefit the Sunrise would give TM owners...See the trick here is if you create a special situation, rather then first come, first serve....You invite trouble...

And one very last thing...The Sunrise clearly represents a "policy" decision. Has nothing to do with the technical management of the DNS (that is for the courts)  Clearly from Vint Cerf's testimony ICANN (and rightfully so) would stay out of the policy making business.  I respect Dr. Cerf and take him at his word on it. 

2) COMPETITION:  Wasn't it Jon Postel who postulated the idea that to have a healthy, robust internet, there must be competition.  The companies that will be responsible for the new unrestricted TLDs DO NOT represent new competition.  What it represents, is existing companies, no matter what you call them, taking all the fish, and leaving no scraps behind.  The market is turning on them because of their lack of service.  I ask:  What will be any different??? 

3) Do not double up on TLD's (dot biz)...If there was a time to forget monetary pressures, this is the time to do it.  ORSC isn't going anywhere, and if they continue to grow at the pace they are going, well....The decision you make in 2001 (and it appears your steamrolling ahead) will appear very foolish.  Does the Y2K problem ring a bell?? Different type problem, but one that could have been avoided.  Double "biz" is not a way to promote a health internet (which is comprised of many systems, not just the "A" root).  Point here...Think about it.

4) Last point I want to mention about the TLD's....Obviously Image Online Design supporters aren't going anywhere.  You could say that I am a "board squatter" too.  The reason for this, and I hope we do it with civility and dialogue, is all that we ask if for a chance...The market will either prove you right or wrong.  I bet on IOD, and it's innovative registry system, and TM protection system they have.  Think about it.




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