Re: 60 day waiting peroid.... a suggestion ...

[Hank Nussbacher <hank@ibm.net.il>]

On Fri, 20 Dec 1996, John Harvey wrote:

Thanks.  That is indeed interesting and very well parts of it may be
adopted.  How do others feel about this proposal in regards to 60 day
wait???

> This suggestion may help .......
> 
> We were invited to comment on INTA's Sub Commitee Domain Name Proposal,
> (sent this morning), and it may be appropriate to forward a copy to this
> list.
> 
> 
> " .......An issue that may raise concern is C.  Publication of
> applications for 90 days (IAHC read 60 days) before a registration
> becomes effective.  The publication period would indeed enable holders
> of trademarks to express their right to claim a given name.  However,
> the vast majority of applications will not present a conflict, yet their
> release would be delayed for an arbitrary period, some would contend
> without just reason.  (World-wide, there have been over 4 million domain
> name registrations this year alone.) In addition, from a logistical
> perspective with potentially hundreds of Registries around the world,
> inspecting each Registry's published list for infringement or dilution,
> becomes logistically unrealistic. 
> 
> To mitigate this potentially contentious issue, a solution would be, a
> directory listing registered holders of trademarks, their marks and
> contact details. The WIPO tell us more than 8 million registrations of
> marks were in force at the end of 1994. In addition, there were 300,000
> international registrations under the Madrid Agreement which correspond
> to approximately 3 million national registrations.  If owners of a given
> mark want to ensure global publication of their right to a given name /
> mark, they submit their right in the Trademark Directory, through
> approved channels (participating Trademark Attorneys, Patent Agents and
> Patent and Trademark offices).
> 
> Before issuing a new Domain Name, both the Applicant and the NIC, can
> easily verify that a proposed name does not conflict with a registered
> right, within a given jurisdiction.  If there is no conflict, a Domain
> name application would be issued immediately, otherwise the
> "consultation" process may be started, with the contact details of the
> registered holder being known to all immediately.  If a holder of a
> Trademark is not concerned about their name being used by another party
> on the Internet, they do not ask to be included in the Trademark
> Directory.
> 
> Our development team are currently constructing http://www.trademark.org
> The function of this site is to be a source of reference listing
> registered holders of trademarks, the owners and agents contact details,
> and an illustration of the mark itself.  It will be similar to our G7
> designated facility, http://www.dir.org that provides an impartial forum
> forthe exchange of contact details, for companies and individuals,
> across the spectrum of communication services.   
> 
> We welcome comments and contributions."
> 
> John Harvey.
> -- 
> __________________________________________________________________
> 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
> __________________________________________________________________
> 

Hank Nussbacher
IAHC member
[the views expressed above belong to the author and do not
necessarily reflect the views of the other IAHC members]