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Username: Gregory W. Krajewski
Date/Time: Wed, November 1, 2000 at 4:31 PM GMT
Browser: Microsoft Internet Explorer V5.01 using Windows 98
Score: 5
Subject: ICANN is Not in the business for TM protection.....It's all about the technical aspects of the DNS

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    I just got done reading an online article in eCompany... I have cut and pasted a comment from this story by the author.  It raises a serious question about reporters and folks just learning about the DNS when they make statements that just aren't true....Anyways, here is his comments:

>>>"ICANN is in the business of protecting trademark holders and discouraging cybersquatting. So the question is, how will the new proposal process advance these goals?"<<<

The proposal process he is referring to is the Sunrise provision whereby TM holders would be able to get their TM'd domain early....Correct me on this but wasn't there no consensus on that issue with working group B's report:

http://www.dnso.org/wgroups/wg-b/Archives/msg00882.html

http://www.dnso.org/wgroups/wg-b/Archives/msg00918.html

My issue on this post is that if the TM lobby constricts this process, you will only add to the problem as then you (ICANN) put yourselves in the role of "who gets what, and why", one which you were not created for...IN truth your mission (as I see it--I cut and pasted your job description below) is decide if it is technically feasible to upload new TLD's...If yes, then do that ...If uploading new TLD's causes infringement (according to current law) then as of right now we have UDRP and country specific laws to deal with those matters....ICANN cannot be the world's TM police...in a sense you will be setting yourselves up for failure as it will be seen by most countries as a "infringement" on their sovereignty...thereby calling for your removal from the process (entirely, which the internet does NOT need that..We need a unified body, and quick!!)..

Clearly you have to be that of a technical gatekeeper (keeps litigations down compared to TM gatekeeper)....Also I am sure that it will keep Registries from being placed a position they were not created for either...They have been protected up to this point now, but through any Sunrise Propasal that may change their immunity as it clearly is creating new law...again, that is NOT what you were created to do...

That is why I suggest what IOD has proposed (from their application)--use the current UDRP process (which needs a lot of tweaking, but is important to protect TM rights, I do agree with a mechanism...we just need to keep working on it), along with voluntary withdrawl from a registrant who either purposefully registerd a TM domain, or unknowlingly done so....

For all reporters and people just learning about ICANN..Here is what they are supposed to do (nowhere does it state what the reporter above claims about TM protection---They may have included that as part of the requirements of an application, but ICANN was not mean to create LAW)..If I am wrong on this please do correct me:

(From their website:  http://www.icann.com
The Internet Corporation for Assigned Names and Numbers (ICANN) is a technical coordination body for the Internet. Created in October 1998 by a broad coalition of the Internet's business, technical, academic, and user communities, ICANN is assuming responsibility for a set of technical functions previously performed under U.S. government contract by IANA and other groups.

Specifically, ICANN coordinates the assignment of the following identifiers that must be globally unique for the Internet to function:

*Internet domain names
*IP address numbers
*protocol parameter and port numbers
*In addition, ICANN coordinates the stable operation of the Internet's root server system.

As a non-profit, private-sector corporation, ICANN is dedicated to preserving the operational stability of the Internet; to promoting competition; to achieving broad representation of global Internet communities; and to developing policy through private-sector, bottom-up, consensus-based means. ICANN welcomes the participation of any interested Internet user, business, or organization.

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Link: Here is the entire article from eCompany


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