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Username: S. Hudgens
Date/Time: Sat, November 4, 2000 at 3:48 AM GMT
Browser: Microsoft Internet Explorer V5.01 using Windows 98
Score: 5
Subject: Stability of the Internet?

Message: 		 

 
Mr. Coombs:

Company trademarks are indeed a subject that should be addressed in any TLD application, but I would point out that this has nothing to do with the "stability of the internet", as you mentioned so frequently in your posting.  Just because you have to deal with someone registering every iteration of the Disney name is certainly not a reason to deny Name.Space the opportunity to run a new TLD, and even more certainly does not affect the stability of the internet.  The fact that a Uniform Dispute Resolution Policy even exists is a testament to the fact that the big .com registers have also not dealt with this in the most effective manner.

I would ask from which perspective one would question the "stability of the internet"?  The Uniform Dispute Resolution Policy, without a doubt, favors the rights of a business over those of an individual (ref. the Barcelona.com decision by aforementioned policy).  Are you saying that, as an example, that I cannot register Disney.sucks?

I would remind you that the Internet is for all of us, not just businesses or organization that advertise via the web.  If you are concerned about trademark violations, then you, like every other business, has access to the same Uniform Dispute Resolution Policy you mentioned.  Perhaps Name.Space should have a more effective method to deal with trademark violations, but this is certainly not a reason for ICANN to deny the application.  I assume you are actively pursuing action against Network Solutions for allowing someone to register Disney-Movies-and-Videos.com?

Finally, I do realize that Disney has spent a great deal of time and resources developing and branding the Disney name.  Your organization is protected from trademark infringements, and these infringements should be challenged vigorously within the bounds of the Uniform Dispute Resolution Policy or other legal methods.  However, you surely understand that any TLD registry will always be faced with trademark issues, and hence it is a impossibility to guarantee that trademarks will not be violated.
 

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