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Username: emc2
Date/Time: Mon, October 16, 2000 at 12:05 AM GMT
Browser: Microsoft Internet Explorer V5.0 using Windows 98
Score: 5
Subject: How can we comment on un-posted TLD applications ?? & trademarks issue


        Dear Icann,

1. I believe it is reasonable to extend the public comments period. All the applicationsa are not posted yet!!! It should start 2 weeks from the day all the TLD applications are completely posted. How can we comment on applications we cannot see?

2. For registries such as IOD that have been operating domain suffixes before ICANN start operating new TLD, such as .web, there are certain protection under international trademark laws. Since ICANN is using the WIPO (World Intellectual Property Organization) to resolve disputes, it is disturbing as a trademark holder to think that ICANN can discrimiate against certain trademark right holders (first use) such as .web, to beneficial itself. This is called piracy.

3. If certian TLD are grant to new registries, there will be more than 1 holder of certain domains. For example "business.web" belongs to one registry (IOD), while "business.web" belongs to another new ICANN registry. There would probably litigation hell. Since if I understand it that there are about 100,000 .web registered with IOD, then there is a potential 100,000 conflicts to be resolved by the courts.


I suggest holding back on granting any new TLD to new registries, period. The new TLD will be deposited into a "shared public registry" which is managed by ICANN. Registrars that want to sell the new TLD will then apply for a license from ICANN; this means it allows many other companies to operate and sell the new TLD, instead of granting monoplies. Monopolies are never a good thing, no matter who it is granted to.

We are holding several trademark rights that will be in direct conflict with some of the applicants for the new TLD; as soon as we can see a full details of the application from ICANN, then we can comment on them. For sure we will take legal action to protect our interest....

ICANN please check trademark conflicts before granting new registries.



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