Re: Trademarks, random strings, sharing, reserved words

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

> 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
> 
> This seems like a really clean way to limit various kinds of name 
> hoarding and extortion.  Does it work?

We have only been able to do this for 4th level domains under our own 3rd
level domains.  The 2nd level is administered by ISOCNZ and their policy is
to not check or require the applicant to do anything.  We process
applications for domains managed by both ISOCNZ and InterNIC as well as our
own.  In the case of the other registries, we pass on the application
without accepting any liability for what may happen.

To answer your question "does it work", we dont know as it has not been
tested so far.  Whether or not we would run into trouble with the law of
the land by suspending a domain due to the applicant being in breach of a
contract with us, time has yet to tell.

In any event, our contract with the domain holder is to provide domain name
service, and it is this for which we charge.  We provide the name itself at
no cost.  We attribute no value to the name so we can stay away from any
position which could suggest we were or gave rights to another to trade in
it.  ie the money changes hands not for the provision of a name but rather
the provision of DNS service which makes it possible to use it.

We go to considerable length to educate the applicant on how to choose a
name before applying for one.  We are also known to not support the efforts
of those who would aquire names to try and sell them to others



Peter Mott
Director

-----------
NETregistry 
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