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Username: Gregory W. Krajewski
Date/Time: Tue, October 31, 2000 at 2:18 AM GMT
Browser: Microsoft Internet Explorer V5.01 using Windows 98
Score: 5
Subject: Dot Web will cure the problem.....Here is why.....

Message:
 

 
          
      I have two points to make with respect to your post:

1.  Domain names were never meant to be trademarks....in 1997 The courts were overwhelmed (with these TM issues) at a time when they had "little" knowledge of the DNS, so they made a few judgements (including WIPO) that sided with the TM lobby...The truth be known is that no one can own the word "apple"--(fruit), however if your selling computers and want to use apple.web (for instance), then your infringing--I will agree with that...But if you own a apple orchard, and sell apples, then you should be able to keep apple.web...Unfortunately, the courts have gone overboard (and that is where the mess is....Not with the DNS itself...

2.  My second and final point would be to say, that if you do not upload a "universal" TLD (this go around), we still have the scarcity factor...more "infringement" (whether on purpose or not) will occur, as the available space of decent domain names (in dot com) will be hard to find...So instead of being able to register apple.web (the orchard), you may get stuck with, WouldYouLikeAnApple.com....(i can bet Apple Computer tm attorney's would be filing against that orchard just as soon as the domain pops up on the whois radar screen)...However if you open it up, the "universal namespace", with dot web; GoodApple.web for example , would probably not get the ire of (Apple's attorney's) as their are more than one popular TLD (instead of just one)....(see again with just dotcom; that is where the "infringement" factor rises as the thinking is if a dot com has the word apple in it, it must be Apple Computer's---Do you see my point....At least with dot web people will not AUTOMATICALLY assume that the word apple in a dot web domain is owned by Apple Computer)  Does this make sense??  The problem is the TM lobby is hungry right now...the courts are still not up to speed with respect to this problem, and they know that...but with more than one good "universal" TLD, they cannot possibly convince the courts to give them every generic word...If they do...in about 10 years their would be only a handful of companies left on the internet..

Thank you again, I think these are issues that do need dealing with...right now, ICANN can't afford to blink (in my opinion)...

Gregory W. Krajewski
gkrajews@mato.com



    
     

 


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