Re: Trademarks, random strings, sharing, reserved words

["Peter Mott" <peter@address.net.nz>]

> However, there is also a strong desire for *memorable* names, which can
> be remembered and easily typed.  This is a goal that can be attained.
> Indeed, nobody wants a name that isn't memorable and easy to type.

I agree very strongly with this view!

Based on our registry experience, most of our applicants are commercial,
and their
"primary motive" in obtaining a domain name is to market goods and services
on the World Wide Web.  It's interesting to note how people choose a name.

Their first preference is always a name which is a *word* which is known to
their existing "traditional" market.  It may be their company registered
name, trading name, or a significant brand name.  It depends on which one
of these is best known to their customers.  There are many examples of
significant companies in New Zealand trading under a name which bears no
relationship to their registered name.

The entire reason for choosing a name is the belief that it is *memorable*
to the customer in their market segment.  We support commerce as a registry
by saying "We think you should be able to register any name you choose,
provided it does not infringe upon the rights of another and that its not
considered offensive by most people"

In New Zealand we dont see anyway that an applicant can produce
"documentation" that asserts it is a legitimate holder of the name it
applies for.  We say they are legitimate if they apply for it first, and
their *USE* of the name does not infringe anothers rights.

Our definition of infringe means:-

1. An attempt to sell the name to another entity for any reason, except as
part of a business which is a going concern.  This would prevent situations
we had here in New Zealand where somebody registered a whole heap of names
and attempted to "sell them" to companies owning trademarks which included
the names.  Details at http://www.registry.net.nz/info/

2. The domain name being used to promote a business activity which is
infringing upon anothers rights, protected by a trademark, servicemark, or
any other right granted by the law of the land.

We think it is the responsibility of the applicant to *agree* that the wont
attempt to do the first, and *certify* that they have taken **all
reasonable steps** to ensure the second does not occur now or at any time
in the future.

If another party feels a domain holder is infringing upon their rights,
then they can seek normal legal remedies.

Peter Mott
Director

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