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| Username: |
jweb |
| Date/Time: |
Sun, November 12, 2000 at 5:36 PM GMT |
| Browser: |
Microsoft Internet Explorer V5.5 using Windows 95 |
| Score: |
5 |
| Subject: |
Sunrise Period? |
Message: |
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>First off, according to
the Afilias position, "owners of any subsisting trademark or service mark registration
having national effect (i.e. no United States state trademark applications or foreign
equivalents) and that issued prior to October 2, 2000 will be eligible to register
a domain name that is identical to its mark, using ASCII characters only." I don't
see a problem with that,< The problem I see is that it establishes a precedent.
The obvious strategy is for people to register trademarks in time for the next wave
of gTLDs. The October 2000 cut off point will work this time only. >Second, with
or without a sunrise period, trademark holders are going to dispute registrations.
And they're going to win.<
The present mechanisms available to aggrieved trademark
holders are adequate. Therefore, the Sunrise period is just a useless extra layer
of legislation in an area already subject to much debate and confusion. My understanding
of the situation from the posts on the this and the previous forum (TLD applications)
is that the Sunrise period is a new concept that has not been attempted before and
is untested in law (anybodys). Yet in the application review, it is accepted without
comment by the review team as a method by certain applicants for protecting the rights
of others.
John Webster
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