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||Gregory W. Krajewski
||Sun, December 30, 2001 at 3:18 PM GMT
||Microsoft Internet Explorer V5.01 using Windows 98
||Rebuttal with respect to "First Come, First Served"
I agree with your comments, and appreciate your legal point of view, but I would
argue that the "Sunrise" was first-come first-served to would be TM holders.
Same thing with challengers....
My original point (which I hope doesn't get lost)
is that this "Sunrise" allowed generic terms or words to be taken before the general
population had a chance to get them. To me that opens up a legal can of worms.
Here is a question for you to ponder: Do I not have a "first come, first
serve" right when it comes to public domain type words (yes/no??). If your
answer is "no"....Only TM owners can own generic terms, as a means to produce commerce,
then you alienate my rights a part owner of a common term. If you agree with
me, then the premise to which the "Sunrise" was built on is as shaky as this entire
domain name process....
DISCLAIMER: These are opinions, not threats, or directed
at anyone. I am merely opening a intelligle discussion. What I hope to
shed light on is the future: Will we still have access to common terms.
If not then 95% of the world will be not have the same chances in the new commerce
as TM holders of generic terms/words. So it's a no brainer that when new TLDs
emerge or new methods, large corporations, wealthy inviduals will have a leg up as
they would simply secure these general terms for there use. What recourse do
we have? Nothing it seems like....