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Username: Watchman
Date/Time: Wed, November 28, 2001 at 2:33 PM GMT
Browser: Microsoft Internet Explorer V5.5 using Windows NT 5.0
Subject: I can explain how you're wrong.  Time to tee off..


        Garry.  Think about the complexities of world trade and law.  You have no idea what you're talking about.

First, regarding First Amendment rights.  The U.S. Constitution states that the government has the right to issue patents (trademarks are an extension of the premise).  The Constitution was also designed to protect property rights.  Pretty much the same in all countries.  BTW, nothing prevents you from registering a domain name so that you can exercise your free speech.  You can buy a name and put up a site any time you want.  You're whining about your inability to get a very particular name that you wanted.  Sorry, but the Constitution doesn't guarantee you the right to get your way every time.

Your main contention is that trademarks are sometimes issued for generic words, which allows the trademark owner to unfairly get the matching domain name.  Your argue that a trademark owner has no more right to use a particular domain name than anyone else.

Truth is, ever country has different standards in their trademark laws, and there's no way in hell anyone can reconcile their different practices.  I personally think trademarks are a decent but flawed way to do things, and that it's a crock when a corporation uses that to get a name like "".   But I have not seen a better system proposed.  Nothing in life is completely fair - get used to it.

Garry, your argument really falls apart when you examine it.  For example, in your world, who would decide whether a word is "generic" or not?  Would you prefer a panel go through the entire dictionary and decide what is generic and what is not?  ANd on top of that, a word can be generic in one language but not in another.  You want to discriminate against someone because of their language or country? All of the above would be not only unfair, but a huge waste of time and money.

Also, trademarks are only treated specially in the .biz and .info sunrise periods.  Of the many eligible trademark owners, only some claimed their names.  In other words, lots of good generics were taken, but it could have been worse.  There were lots of good names available in public regsitration, and I got some.

You link to to support your statements.  That's a silly page with silly arguments.  It claims that Afilias is squatting on "" for example.  How is that squatting?  Yes there are many people who own trademarks on the word "search".  So you're saying that those trademark owners should have priority claim over "" instead?  In one swoop you've gone from claiming that genric names should be open to anyone to claiming that trademark owners should have priority.

Q.E.D. Pull your head out of your bum.



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