Re: [ICANN-EU] Re: WIPO

[Marc Schneiders <marc@venster.nl>]

On Mon, 18 Sep 2000, Roberto Gaetano wrote:

> Good morning.

Good morning!

> [Alf Hansen ]
> > >
> > > Why are people so angry with WIPO and the URDP? UDRP is an offer and
> > > both parties have to agree to use it. The law is allways a fallback.
> >
> 
> [Marc Schneiders ]
> >Agree to use it? I find this legalese. One agrees to accept it by
> >registering a generic TLD? Is that what you mean? Of course no one has to
> >register a generic TLD with an ICANN accredited registrar and the NetSol
> >registry. One can indeed always use a domain that is not under the UDRP.
> 
> This is the key of the "introduction of new TLDs" issue.
> If we want to create new TLDs to reproduce the same business model, 
> technical model, legal model of .com and clones, we lose our time.
> If, OTOH, we create diversity, the thing may have a meaning.
> One of the needs is to create one or more TLDs that have a different 
> trademark policy. One of them, possibly, stating in the charter that the 
> registration and use of names in this TLD does not constitute trademark 
> infringement (and get WIPO to approve it).
> 
> In this case, the users will indeed have a choice. Otherwise, not.

Thank you, Roberto, this is *constructive* and I fully agree. I have some
fears though. Since ICANN levies a $50,000 application fee, it is very
likely mainly commercial propositions will be send to them. Clones of .COM
are commercially the most interesting (perhaps the only interesting) new
TLDs...

The idea about a freehaven TLD is very interesting. Again, I have some
fears. One being that it will only get WIPO's blessing, if there is a
pre-registration for TM holders, defeating the whole idea at the start...

-- 
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 Marc Schneiders (more in the header)
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