This is perhaps my last big stint on this message board before ICANN goes to conference
in Japan. (No promises, though.)
I want to address something that I--and many
others--have already addressed: the matter of ICANN, WIPO and the arbiters.I chose
the nickname WorldThoughts for a reason. Perhaps my views are not embraced by all.
Perhaps some are. Perhaps not. Nonetheless, I gave myself this nickname on this board
because I came here to talk about certain issues relevant to all of us: legislation
that rules our lives.
Not corporate lives, but the lives of people.
You. Me.
Just about everyone I have seen post on this board, regardless of whether or not
we are in agreement.
ICANN, WIPO, OTHER ARBITERS: THE FOLLOWING IS FOR YOU TO READ,
SLEEP ON, INGEST, AND COMPREHEND:
Many of the rulings from such councils as WIPO
are a disgrace to human decency and basic intelligence. Many people think you are
embarrassing yourselves with such an incessant display of poor and improper judgment.
Yes,
there are trademarks in this life. However, there are generics that should be protected
as much as trademarks--not as some component in some abstract law; but because it
connects to basic human rights and freedom.
I don't care whether or not J-Crew
has the word "crew" in their name. I do not even care that they are casually referred
to as "Crew." This circumstance does not warrant their domination (and monopolization)
of that word in all mediums, in all realms, in all occurrences, in all corners of
this planet. Plain and simple.
This to me is a Truism that most people, I think,
can comprehend. Yet it has eluded you, WIPO. And you don't even know enough to be
embarrassed. That is how much of an abomination you have become.
Arbiters (I believe
WIPO) are sitting on the fence with Corinthians.com. In one of my recent posts, I
thought arbiters had already ruled against the domain owner. Perhaps they indeed
have. Nonetheless, this post addresses the trend that has been evidenced from WIPO--one
that stretches into either stated or un-stated policy. YOUR JUDGMENTS ARE BASED IN
NONSENSICAL PRINCIPLES.
Let's assume for a moment, WIPO, that you have either ruled
in favor of the complainant of Corinthians.com, or are considering it. (In the end,
this could be about any number of other generics you have ruled on.)
Okay, so
there is a company and team out there bearing the name "Corinthians." They dug into
human knowledge and extracted a word that was already in existence. They did not
make it up. They did not create a word that was to serve as a trademark to signify
their identity. They borrowed a word from one of the languages on Earth.
They cannot,
therefore, monopolize all occurrences of that word, in whole, in part, or in a string
of words.
I do not need to educate you further on the origin of the word, "Corinthians"
or the biblical reference. I will not insult your intelligence regarding facts. I
am too busy insulting the intelligence of your rulings based upon extrapolations
you make FROM THE FACTS.
Now understand this: new TLDs are being introduced so
that generics can be offered to the rest of the world, when they are otherwise occupied
by .com, .net and .org site developers.
If you believe that Corinthians.... a generic
and commonly used word......can be monopolized by a company--then you are saying
that they have the legal right to this word in the .com TLD, the .net TLD, the .org
TLD, the .web TLD, the .biz TLD, the .shop TLD, the .banc TLD, the .cc TLD, the .tv
TLD, the .ws TLD, etc, etc. And they have but to ask for the respective domains.
And since it was your ruling that "Corinthians" is a protectable trademark, the turnover
of all the above "Corinthian" permutations should be immediate; no need to reconsider
the same rights of the trademark holder for each of the TLDs in existence.
This
is what your ruling says.
Now consider all the other companies and organizations
that bear the word "Corinthians." Are they therefore not all in violation of the
trademark holder? If the supposed trademark holder is the singular party that deserves
Corinthians.com, is this not self-evident?
But what about all the other occurrences
of the Corinthians trademark as claimed by other companies? Do they ALL have a right
to each and every TLD occurrence of that word--and all derivations?
___________________________________________
The
following is a short list of domains I came across using the Yahoo and Infoseek
search
engines. All of the websites are owned by people with the word "Corinthians" in their
company/organization
Corinthian Colleges
http://www.cci.edu/
Corinthian Internet Services http://www.cis.net.au/
Corinthian
Yacht Club http://www.cyc.org/
Corinthian
Doors http://www.cordoors.com.au/
Corinthian
Sailing Association http://corinthians.org/
Corinthian Hockey Club
http://www.mdicomm.ie/chc/
Yale Corinthian Yacht
Club http://www.yale.edu/ycyc/
. . . are these companies/organizations
in violation of trademark law?
. . . or do they not all have equal rights to the
Corinthian.com domain?
. . . The answer to both questions is "no." Corinthians.com
rightfully belongs to the individual who registered or bought it--to use in any way
he or she deems fit. That is equity in MY book, WIPO.
___________________________________________
The
following are other sites on the Internet that have been registered, that include
the word "Corinthians." (source: www.whois.net)
corinthianadvisors.com
corinthianasia.com
corinthian-capital.com
corinthianbaptist.org
corinthian-diagnostic-radiology.com
corinthian-consulting.com
corinthianbaptistchurch.org
corinthianbooks.com
corinthian-security.com
corinthian-rug.com
corinthian-funds.com
corinthian-intl.com
corinthian-healers.org
corinthian-gallery.com
corinthianbroker.com
corinthiancapital.com
corinthiancapitalgroup.com
corinthiancatering.com
corinthianclaims.com
corinthiancolumn.com
corinthiancricketclub.com
corinthiancustom.com
corinthiandesign.com
corinthiandesigns.com
corinthianevents.com
corinthianfc.net
corinthiangames.com
corinthiangardens.com
corinthiangolf.com
corinthiangroup.com
corinthianhealth.com
corinthianhealthcare.com
corinthianhomes.com
corinthianhouse.com
corinthianhouse.org
corinthianinc.com
corinthianinsurance.com
corinthianize.com
corinthianizes.com
corinthianlane.com
corinthianlane.net
corinthianltd.com
corinthianmarble.com
corinthianmarbleworks.com
corinthianmedical.com
corinthianmedicalstaffing.com
corinthianmortgage.com
corinthiano.com
corinthianonline.com
corinthianparking.com
corinthianpartners.com
corinthianplc.com
corinthianpointe.com
corinthianproperties.com
corinthianrecords.com
corinthianrugs.com
corinthians.cc
corinthians-fc.com
corinthianscampeao.com
corinthianscampeaodomundo.com
corinthianscampeaomundial.com
corinthiansfinancial.com
corinthiansintegratedscty.com
corinthiansmeuamor.com
corinthiansoftware.com
corinthiansonline.com
corinthiansreal.com
corinthianstater.com
corinthianstone.com
corinthianstoneworks.com
corinthianstudios.com
corinthiansuites.com
corinthiansworld.com
corinthiantechnology.com
corinthiantravel.com
corinthianvintagerace.com
corinthianyachtclub.com
corinthianyachtclub.net
corinthianyachts.com
corinthianyc.org
emocaocorinthiana.com
eusoucorinthiano.com
firstcorinthian.org
firstcorinthians13.com
icorinthians.com
lojadocorinthians.com
quesofcorinthian.com
royalcorinthian.com
royalcorinthianhomes.com
soucorinthiano.com
the-corinthian.com
thecorinthian.com
thecorinthiangroup.com
thecorinthians.com
thecorinthians.org
torcedorcorinthiano.com
torcedordocorinthians.com
. . . are these domain holders/companies/organizations in violation of trademark
law?
. . . or do they not all have equal rights to the Corinthian.com domain?
.
. . The answer to both questions is "no." Corinthians.com rightfully belongs
to the individual who registered or bought it--to use in any way he or she deems
fit. That is equity in MY book, WIPO.
___________________________________________
The
following is a list of businesses in New York and California that bear the word "Corinthians"
in their business name. (source: AOL Yellowpages)
Corinthian Corners
Corinthian
Apartments
Corinthian Suites Hotel
Corinthian Townhome Rentals
Bahia
Corinthian Yacht Club
Corinthian Catering CO
Corinthian Missionary Baptist
Corinthian Suites Hotel
Corinthian Vigor Insurance Brokerage Inc
Corinthian
Painting and Specialty Services
Corinthian Coach Limousine
Corinthian Funding
Corporation
First Corinthian Baptist Church
Corinthian Travel
Pacific
Corinthian Youth Foundation
Corinthian International Parking Service
Corinthian
Turning & Mill
Corinthians Church of God ILN Christ
Pacific Corinthian
Corinthian
Turning & Mill
Corinthian Flowers of Saratoga
Corinthian Publication
Corinthian
Foundation Inc
Corinthian Lodge 12
Corinthian Lodge 44
Corinthian House
of Beauty & Barber Shop
Corinthian House of Beauty
Corinthian Mens Hairstyling
Corinthian Builders CO
Corinthian General
First Corinthian Baptist Church
Corinthian-Feathered Nest
Ivery Corinthians
Corinthian Condominium Valet
Corinthian Garage Corporation
Corinthian Condominiums
Corinthian Physical
Therapy
Corinthian Therapeutic Services
Corinthian Cast Stone Inc
Second
Corinthian BAPT Church
Syracuse Corinthian Club Inc
The Corinthian Group
Inc
Corinthian Media Inc
Corinthian Memorial Systems Inc
Unqua Corinthian
Yacht Club Business OFC
Corinthian Diagnostic Radiology PC
New Corinthian
Cleaners
Corinthian Partners LLP
Corinthian Diner Restaurant
Corinthian
Pools
Corinthian Vigor
Corinthian Marketing Inc
Corinthian Turning &
Mill
Corinthian Marble
Corinthian International Parking Service
Corinthian
Group
Corinthian Appraisers
Corinthian House Residence Inc
Corinthian
House RES Inc
Corinthian Care Center
(All other instances of "Corinthians"
in businesses throughout the REST of the world were omitted due to common sense.
Sprry if there was some repetition.)
. . . are these companies/organizations in
violation of trademark law?
. . . or do they not all have equal rights to the
Corinthian.com domain?
. . . The answer to both questions is "no." Corinthians.com
rightfully belongs to the individual who registered or bought it--to use in any way
he or she deems fit. That is equity in MY book, WIPO.
Who else is in violation
of the alleged (and only) "Corinthians" trademark?
The owner of eCorinthians.com?
How
about e-Corinthians.org?
How about iCorinthians.net?
How about TheCorinthians.cc?
___________________________________________
Now
consider how much you damn the Internet at large with your rulings on generics. Soon
we will see .web, .biz, .store, .shop, .info, .arts, .b2b, .nom, .earth, etc etc.
New
TLDs are being added so that generics can be spread around to more people. Will the
PURPOSE of these TLDs be obliterated because you view generics as intellectual property
of trademark holders--to own in all mediums, all over the place? If you continue
with the kinds of rulings that have made you infamous, this is precisely what you
will do.
WIPO, with all due respect, if you rule against the current owner of Corinthians.com
(if you have not already done so), you are either insane or evil.
As you were with
Crew.com and a myriad of other domains.
Which is it? Are you evil or insane?
___________________________________________
And
GIVE UP your interpretation of the term "bad faith." You have totally bastardized
the meaning of the phrase. It has been thrown about so much that it has come to mean
nothing; it now serves as NOTHING but a buzz word.
Bad faith does not exist when
someone registers a generic.
Bad faith does not exist when a domain is used in
connection to what it implies.
Bad faith does not exist when the contents of a
site have nothing to do with the meaning of the domain word itself.
Bad faith
does not exist when someone speculates on a generic domain, even. The resale of domains
should be none of your business. Domains are sometimes commodities between parties.
And it keeps the Internet alive. Be grateful you will all have jobs as a result.
Last
I saw, the buyer is not forced to buy the generic. And commerce is good for the world
at large, ya know.
Bad faith might exist if I were to buy FordCars.Biz and try
and peddle it off to Ford at an inflated price.
But would bad faith exist if I
set up a site to complain about the Ford Motor Company? Is that not my right? How
about if I wanted to develop a site to express my adoration for Ford cars? Would
I have registered that domain in BAD faith? Would I be USING the domain in bad faith?
ICANN,
get out of the "bad faith" discussion. WIPO, redefine your version of the phrase,
and use it PROPERLY for once.
Furthermore, ownership of 300 or 30,000 generic domains
does not indicate bad faith. It indicates an extensive business plan, whether that
plan is for development or yes, speculation.
Tend to your business, ICANN and WIPO.
ICANN, your business is to protect the Internet root, and to make sure that registries
and registrars abide by their contracts. It is NOT to judge the content of a domain,
to judge when a domain should be FILLED with content, or how many domains a person
owns. Do not put such restrictions on an unrestriced TLD.
And WIPO--STOP PRETENDING
AS IF THERE WERE SUCH RESTRICTIONS. IF YOU WERE JUDGES IN A COURT OF CRIMINAL LAW,
AND RULED AGAINST DEFENDENTS WHO COMMITTED NO CRIME, BUT DID THINGS YOU WISH WERE
ILLEGAL, YOU WOULD BE DISBARRED!
What's next, WIPO? Are you going to claim that
a person's site doesn't utilize a design best befitting the domain name, and it should
therefore be taken from him and given to the complainant who has a better vision?
Where do you draw the line?
WIPO, it is in your best interest to act with sobriety,
fairness, and human decency. If you continue to abuse your posts, you will be dismantled,
and all your arbiters will lose their cushy, ego-reaffirming positions way up there
on Mount Olympus.
Wake up, WIPO. Wake up, ICANN. Stop abusing your positions. Stop
ruining the legitimate personal endeavors and business plans of others. Stop prying
purses from old ladies, to give it to whining complainants that somehow fuel some
twisted agenda that you have.
You are dealing with people's lives.
And for g-d's
sake, PLEASE stop misusing the phrase "consumer confusion" as you do with the phrase
"bad faith." Your overuse of the phrase destroys the genuine eventuality.
If I
went to Crew.com and saw someone's life story plastered on the site, or an analysis
of naval history, or message boards for various groups of people, I wouldn't stare
at my computer and say, "Damn, now where the hell do I buy those nifty shirts?"
Don't
embarrass yourselves by presuming to legislate in lieu of common sense. Common sense
hasn't gone anywhere. Except, perhaps, your own.