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Username: jrosenthal
Date/Time: Sat, July 1, 2000 at 5:37 AM GMT
Browser: Microsoft Internet Explorer V5.01 using Windows 98
Score: 5
Subject: The Ruling

Message:
 

 
        The court's ruling is very clear. Since Mr. Ambler seems to have a hard time understanding it, the first sentence of the article pretty much sums it up:

"A federal California court this week ruled trademark and service mark protections did not apply to generic domain extensions."

This means you cannot trademark a gTLD, like .web or .firm. You CAN trademark a specific domain name, like crypton.web, however you must meet several requirements (available at the USPTO website).

The bottom line in this ruling is that, much to Image Online Design's displeasure, they do not own the rights to .web. ICANN has every right to select another company to run the .web registry and IOD can do nothing about it. The claiming of a trademark for an entire gTLD was nothing more than a attempt by IOD to legally secure their position as the .web registry.

The writing on the wall is clear Mr. Ambler, you lost in your bid to own .web and create a monopoly reminiscent of NSI. You might want to remove that TM from all instances of .web on your website, since you don't legally own the trademark.

As for Ambler's claims of running the only "commercial-scale registry in operation right now" (excluding NSI), this is a very suspect claim. As an Internet programmer for a web consulting firm, I can tell you that it would take little effort to create a setup like what is at webtld.com. It doesn't take a whole lot of genius or money to develop a SQL (or comparable) database interfacing with ASP pages. Any semi-competent web development firm or developer could create a similar backend setup within a day or two.

While it is obvious that I am at odds with IOD over their practices, they still deserve as fair a shot as anybody else when it comes to the new registries. However I feel that their tactics are quite questionable. The trademark situation shows that.

It's also not surprising that nearly all the people in support of IOD are stakeholders in the firm. If ICANN was to decide that no pre-registrations of .web would stand, these IOD supporters would have no real pressing reason to support their bid for the .web registry. If that's not obvious, I don't know what is. The bottom line is that IOD accepted (and accepts) money for services which they KNOW they may not be able to provide. They do not deserve to be selected (and bailed out) simply because they have collected money for .web domains. Other companies and organizations should be considered as well, including those that are non-profit.

People who are truly interested shaping how the Internet naming system is run are not the people who have pre-registered x amount of .web domains through IOD and support them SOLEY because of this. So let's get down to business and discuss the real issues here.

     
 


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