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Username: Gregory W. Krajewski
Date/Time: Sat, March 17, 2001 at 5:14 AM GMT
Browser: Microsoft Internet Explorer V5.01 using Windows 98
Subject: The Sunrise will put small registeries out of business.......PLEASE look at IOD's solution!!!

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The Sunset provision is fine if the Registry doesn't mind getting sued....It is a nobrainer that when you set up a particular situation, for a set group of people, you will undoubtedly leave out others who have as much right to the domains as they do....Such is the case with Amazon.com....No doubt they would like Amazon.info (for whatever reason)....Is amazon no longer a generic term, to describe a large river?   Does the word Amazon soley belong to Amazon.com??  What you're doing is tinkering with something that up to this point has in fact worked....Believe or not...it has worked.  The United States has a tough Anti-Cyber squatting Act that can fine someone up to $100,000 plus court costs for cyber squatting (illegally)....We have WIPO which decides cases that can show that if you have a TM, and someone legitimately squatted the name FOR A PROFIT OR MISCHIEF (that is important), then usually they ended up with the domain....

So I ask you ICANN and Afilias (a.k.a Verisign/Register.com)....What do you hope to accomplish by implementing the Sunrise Provision??  IF your answer is to protect TM holders, please allow me to explain, how skewed that line of reasoning is.   A TM holder is responsible for his/her mark...(no one else)...If you set precedent, by implementing a Sunrise, you will forever change the way the courts view the registries...They will no longer be impartial, rather they will be knee deep in "assigning rights"....What could this provision cost the average registry?  I am not sure they would be able to exist....I do not exaggerate....So who would be left?? Verisign?  Register.com?? 

The thing that gets me with this Sunrise is that it is straight out of a communist manual.  For  a mechanism such as this, controls a good, you undoubtedly create a lopsided market...Those that can afford a TM, and those that cannot but are running a legitimate business...Free markets tend to let the "market" control the flow of trade....i.e. First Come First Serve Principle....If you cyber squat (illegally--threatening a company) you will lose your rights to the domain (via the available relief methods described above)...and as WIPO has shown...NO QUESTIONS ASKED...

I suggest the ICANN board take a hard look at what Image Online Design has come up with to protect domain name holders ...They will allow a new .web domain to be put on hold if someone is squatting the domain, until it is officially decided using UDRP who it belongs to...Fairness results in this situation and the market is left to do its job, like it was designed to....

PLEASE...if any of you board members actually read this comment board, if you take nothing from what I have written about over the course of a year and a half.....PLEASE DO NOT ALLOW THE SUNRISE TO GO FORWARD BASED ON THE REASONS I GAVE ABOVE....I do care about TM protection as this is also a very important aspect of a free market, only the Sunrise, goes around the market first.
 


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