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Username: zzmars
Date/Time: Tue, October 17, 2000 at 9:58 PM GMT
Browser: Microsoft Internet Explorer V5.01 using Windows NT 5.0
Score: 5
Subject: My point exactly...

Message:
 

 
        Only a handful of people knew of Image Online Designs' existence before the preceeding submission of TLD applications, allowing for the unfair preregistration of names.  The fact is, however, that IOD is NOT an ICANN accredited registry.  They may have been "blessed" by IANA initially, but they are not an active gTLD provider now.  And I am fully aware that I could have located "webtld.com" with a browser and search engine, but that still does not answer the question regarding whether or not it is legal and/or ethical for an unaccredited registry (IOD) to preregister second level domain names in the .web gTLD.  "Webtld.com" is not listed on any IANA or ICANN document as an accredited registry.  And whether you like it or not, ICANN regulates the Domain Name System by agreement with the DOC.  Please see: "www.icann.org/general/icann-mou-25nov98.htm."  The fact is, IOD at this point, is a myth as far as the DNS system goes.

The following was stated in the opinion submitted by the United States District Court for the Central District of California in the case Image Online Design, Inc. v CORE Association and Stubbs (Case No CV 99-11347RJK):

"It should be noted that all domain name registration activities involving the  [*11]  gTLD .web are on a preregistration basis only. Because .web is not an approved gTLD at this time, no domain names can be assigned with this gTLD. "

and

"In sum, Plaintiff's use of the mark .web in connection with domain name preregistration services does not confer trademark  [*28]  protection. As a gTLD, .web does not indicate the source of the services; instead, it indicates the type of services. The Court finds that .web, as used here, falls out of the ambit of trademark categorization. Further, even if it could be categorized, .web is simply a generic term for websites related to the World Wide Web. Accordingly, the mark is not protectable."

In retrospect, I could easily create an internet site to register Second Level Domains (SLDs) in the ".poo" gTLD, and claim myself as a registry.  However, is it ethical for an unaccredited registry to charge money for a DNS service that offers no service?  Is it fair  to suddenly dump all of these preregistered names into the DNS Root Server Systems upon activation of the TLD, without regard to everyone else?

And, if Image Online Designs is so concerned about fighting for their right to the .web gTLD, why didn't they pursue IANA in the courts?  I sure don't see any cases entitled: "Image Online Designs, Inc v. IANA."  Instead, they just started charging unsuspecting individuals money for pregregistration "services," without having to actually provide a service or foot a legal bill.

I am sorry, but .web is one of the last truly generic internet gTLDs, and it is ICANN's responsibility to ensure that it is administered fairly.  The only way that ICANN can maintain integrity is to disallow preregistered names from being dumped into the Root Servers.
     

 


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