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Username: onmove
Date/Time: Sat, August 4, 2001 at 8:43 PM GMT
Browser: Microsoft Internet Explorer V5.01 using Windows 95
Subject: A perspective


      I checked 119 names. Barring few, all are taken under false  information. ( If I had continued my search, results would have been no different)

Even if they are cancelled, other people will try to register them, only this time they will be careful to give the trademark information that apparently looks genuine.  Now let us come to verificarion.  Online check of trademark information can be run in case of some countries, such as US and Canada.  I am sure it will not be possible for all countries.  So, what do you do in those cases? What prevents me from claiming that I have trademark for SEX in Bhutan knowing full well that it can not be verified online.  It is the responsibility of Afilias to devise the system that will enure fairplay, and the present system is woefully lacking.  Their mandate is nore than just to make money.(I can see why they are so callous.  A registration is a registration for them, no matter who does it they get their cut)

It is being argued that all or most of the generic words are trademarked. But, are they trademarked exclusively? I don't think so. More than one entity can have the trademark for the same generic word, say fashion but for different usage.  A generic word always remain available for trademark.  You have to find out the usage other than the one it is already trademarked for to get it.  Now, follow this thread carefully.  When trademark holders do not enjoy exclusive privilege to own a generic word in the realm of trademark law, why it should be any different when it comes to domain names. In the world of domains, we are not talking of usage, we are talking of words per se. Why trademark holders should be treated first in line to own a particular generic domain, when none of them severally or jointly have exclusive ownership of corresponding word?  It is not fair and equitable.  It is not even good law.  It is just politics and big business lobby.  So, the best way this mess can be cleared (I think) is to cancel the bogus registrations(as most of them are) made and block generic words during sunrise period.


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