Re: [ICANN-EU] Re: First Domain "Sunrise" Period Launched at .ws

[Jeff Williams <jwkckid1@ix.netcom.com>]

Jefsey Morfin wrote:

> Jeff,
> I strongly disagree with your point of view - and I am sure you
> will want to poll your Member again about this as only dumb
> people do not change their mind - because the only solution to
> the Trade Mark issues lies there as I explained when discussing
> the position of the ".SYS" consortium whch seems to have been
> copied by many others with the same 90 days period.
>
> The solution is to say:
>
> - WIPO says "a DN is a label, TM are a label, so DNs are
>    subject to TM laws" which is a stupid proposition.
> -  we say "a TM may be an internet address, a DN is an internet
>     address, TM on internet are subject to DN laws" which seems
>     a sensible proposition.
>
> For this to be acceptable we must have a DN law which makes
> sense for every one including TM owners, so to have a TM law
> which makes sense to DN owners: eventually the best will be -
> as in Andorra - that the TM authority is the/a registrar (I prefer
> itto only be one of them to keep competition and low rates).
>
> The way to reach that situation is to say:
>
> -  to the TM owners: we give you a three months period to
>     register your TM. Declining that opportunity is for ever.
>
> -  to TM registrants : if you also want to protect your new
>     TM on the net you must do it within 30 days, ie it is like
>     subscribing to one or several additional classes (TLDs).
>
> -  to DN registrants : if you register a DN you did not trade
>     marked before you risk to have an UDRP during your first
>     30 days.
>
> The unbalance comes from the fact that Internet provides
> free whois and TMs do not. This should be a temporary
> situation with the WIPO to removing themselves from
> UDRP as they represent one of the parties and selling
> IP authority a real solution, ie registering DNs on their
> behalf (much more money to make).
>
> This is very easy to implement:
>
> -  WIPO becomes a registrar (or makes a deal with an
>     existing registrar) for every participating TLD in UDRP
>     and accepts dates from other Registries.
> -  you register your intended TM in the number of TLD
>     you want.
> -  the DN registration date is accepted by IP participating
>     agencies as the TM registration date.
> -  any new TLD contacts the WIPO when being set up
>     (as part onf the a-root/alt.root procedure) to offer a
>     90 days sunrise period.
>
> Jefsey
>
>
> At 08:19 10/10/00, you wrote:
> >Michael and all,
> >
> >   Thanks for this interesting article.  Much appreciated.
> >
> >   I got a Letter from the .WS registry last week regarding
> >registering company names that I am associated with and
> >asking me to sign a petition to "Stamp Out Cybersquating"
> >I replied that I and none of my associates were remotely
> >interested and disagreed strongly with their policy in this
> >regard.
> >
> >Michael Sondow wrote:
> >
> > > COMPUTERGRAM INTERNATIONAL: OCTOBER 09 2000
> > >
> > > + First Domain "Sunrise" Period Launched at .ws
> > >
> > > As a taster of what we can expect when ICANN introduces new
> > > top- level domains into the domain name system early next year,
> > > country-code TLD registry WebSite.ws (Global Domains
> > > International Inc) is offering companies 90 days to beat the
> > > cybersquatters.
> > >
> > > WebSite.ws has been accepting registrations in the .ws
> > > namespace since March, under a deal with the Samoan government,
> > > which owns the rights to the .ws ccTLD. But this week, possibly
> > > in a move to capitalize on the renewed interest in domain name
> > > issues and to ramp up its visibility ahead of new competitive
> > > gTLDs, the company announced it will give companies 90 days to
> > > register their .ws names before opening them up to the public.
> > >
> > > The company has reserved the names of the Fortune 500 public
> > > companies, Fortune 500 private companies, top 200 internet
> > > companies and all major sports teams, and is aggressively
> > > telemarketing these firms. Whichever domains have not been
> > > registered, at the cost of $35 a year, by the end of the year
> > > will be released into the public, to be potentially snapped up
> > > by cybersquatters.
> > >
> > > "If you want to register your name, great. If you don't we
> > > would like to make it available to someone else," explained
> > > director of corporate communications Robert Blodgett. CEO Alan
> > > Ezeir added in a statement: "In September we contacted [retail
> > > chain] Nordstrom Inc to offer 'nordstrom.ws', but they
> > > declined. I fully expect there is a Mr and Mrs Nordstrom out
> > > there who would love to attain this web site for personal use,
> > > without any intent to threaten or blackmail Nordstrom's
> > > corporation."
> > >
> > > Although the move is billed as a "war against cybersquatting",
> > > it isn't entirely altruistic. WebSite.ws is charging for the
> > > registrations - and the reserved names could bring in about
> > > $50,000 a year. When New York-based alternative DNS operator
> > > Name.Space Inc tried a similar trick earlier this year,
> > > registering certain trademarks in the .news and .sports spaces
> > > "on behalf of" the holders, it was promptly delivered cease and
> > > desist letters. But Blodgett points out that .ws has been
> > > accepted by ICANN into the root of the authoritative DNS, so
> > > the situation is somewhat different.
> > >
> > > This first "sunrise period" sets the stage for the introduction
> > > of new gTLDs next year. Many of the applicants to operate the
> > > new registries specify such periods in their plans, to avoid a
> > > mad dash by cybersquatters to lay claim to trademarked domains.
> > >
> > > Companies are going to increasingly find the cost of web "land"
> > > going up. It is estimated that it currently costs about $10,000
> > > per year to register one name in every gTLD and ccTLD and sub-
> > > domain. The more TLDs that are introduced, the higher the total
> > > cost. Some registries, like .tv, have staggered registration
> > > prices based on how valuable dotTV Inc thinks they are, with
> > > china.tv going for $100,000 for example.
> >
> >Regards,
> >
> >--
> >Jeffrey A. Williams
> >Spokesman INEGroup (Over 112k members strong!)
> >CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
> >Information Network Eng. Group. INEG. INC.
> >E-Mail jwkckid1@ix.netcom.com
> >Contact Number:  972-447-1800 x1894 or 9236 fwd's to home ph#
> >Address: 5 East Kirkwood Blvd. Grapevine Texas 75208

--
Jeffrey A. Williams
Spokesman INEGroup (Over 112k members strong!)
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail jwkckid1@ix.netcom.com
Contact Number:  972-447-1800 x1894 or 9236 fwd's to home ph#
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208