Re: Conflict resolution?

[Aveek Datta <MoNoLiTH+@CMU.EDU>]

Excerpts from newdom: 18-Nov-96 Conflict resolution? by "Gert Blij"@itst.co.za 
> With sanctions having been lifted a lot of companies here in South Africa
> would like to create an international "feel" by using the .com extension
> rather than the localised .co.za one but now can not do so.
>  
> We are advised by various lawyers here that according to the present
> conflict resolution guidelines, the only way to tackle the issue is to take
> this organisation to court in *New York*.
>  
> I am sure you all appreciate that this is virtually impossible for 99.9
> percent of companies outside the USA.
>  
> Again, if the Internet is to be(come) a truly global phenomenon, then it
> needs to solve these problems in globally acceptable manner and not be
> based on the current legal flavor of the USA.

Now the question is this a good thing or a bad thing? Domain names were
always supposed to confer no trademark status. It is unfortunate that the
public has it drilled into them that to find company, look at
www.company.com. Before this whole debacle, I remember interesting little
problems a while back, like a rumor that one local business registered
ANOTHER businesses name and then put up a webpage under that site name
saying why not to visit the hijacked business but rather the other one. :) 

Of course, actions like these most people can agree is unlawful or at least
distasteful, and the hijacked company did sue and get the name back.
Probably using some law about impersonation. In any case, I've always been
complaining about the First Come First Serve system. For example,
freeview.com (aka mailbank.com) has thousands of names. Whether or not we
like it, they pay for all the names, have nameservers that answer, and did
register it using the regular process. They just got there first. Tough
luck.

Now this isn't such a bad thing when it comes to second level domains under
one registry. There are going to be problems, and I think to the large
part unresolvable. Sure, you can say trademarks like Microsoft are probably
world-known and hence Billy Boy should get the domain, but my favorite
example is all the companies named Allied something. 

Of course ideally people will respect the system. I know one case where did
this happen: apogee1.com. Apogee.Com was taken, so they took apogee1.com.
And apogee.com's owners were kind enough to place a link to their page. It
wasn't too hard since they weren't in the same business, but if they were
competitors.. 

However, first come first serve is a TERRIBLE thing if that's
the way top level registries will be allocated. As I've explained on
other newdom lists, I know there are plenty of people out there who want
to administer a TLD. They can do it competently. They just need a 
CLEAR signal that "TLD Applications will be open in X days" rather than
the noise that abounds now, compounded by the confusion that the Alternic
creates.

FYI: My background is an outsider; I'm a student who runs the world's
largest free domain name service (ie, open to anyone). I started running it
after the Internic started charging. Most of my users are the end users or
small companies who do not have the big bucks or the time to make a
difference. Hence why I try to avoid taking things to court, since I and all
my users would lose simply because we dont have the money.


 Aveek Datta           _ _ _   _                Email: aveek@andrew.cmu.edu
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