Avoiding Lawsuits

[John Harvey <john.harvey@dir.org>]

Having followed discussions on the IETF list and here since its
inception, iTLD technical issues seem to have been discussed in depth.
Whether the new iTLDs are exclusive, shared or a combination, they will
need to unite diverse interests rather than fragment them.

Already there is talk of  “break-away” domains and registry
“non-recognition” but little about procedures that will mitigate
litigation and help secure unity and stability of the new iTLD
communities. 

The recent experiences of InterNIC have found it being summoned as
Defendants and sometimes Witness in the domain name wars. (Roadrunner
Computer Systems v NSI, Data Concepts Inc v Digital Consulting and NSI, 
Clue Computing v NSI, .......)  As iTLDs increase, it is most likely
that infringement battles will draw new ammunition from the
currently diverse interests being expressed. 

As "catchy" domain names have become a commodity, the pressure for
securing the "right" name has become intense.  Applicants will place one
registry against another in order to secure the name they want. “If the
*.WEB registry won’t give me the name I want because they are respecting
a trademark,  I will go to *.$$$.”  The effect is that the .. $$$
registry will end up in court.

Registries will not have the resources to vet each application for
trademark infringements in each jurisdiction, so the proposed mechanism
needs to be international respecting specific legal jurisdictions, to
guard against iTLD registries being summoned to defend allocation of a
domain name in a distant country.

I propose a thread to consider introducing a mechanism that
distinguishes between a trademark, company name and domain name.   By
specifically separating the effects of domain name “association”  one is
also removing an applicant’s ability to use one iTLD registry against
another in trademark battles and domain name wars.

By adopting the above mechanism  gives the opportunity  for a domain
name for a company called,  IBM Pty in Australia,  to be distinguished
from  International Business Machines that has secured the world-wide
trademark IBM.   

This stimulates a profitable relationship for both the registry and
their customers, and guards the long-term stability of the Internet
community, .....something we all want. 

John.
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John Harvey - Director of On-line Information Services.
mailto:john.harvey@dir.org  Fax:+1 242-326-4105 http://www.dir.org
Directory Corporation, Universal House, Nassau, PO N-3401, Bahamas
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