Re: A Better Idea

[Vince Wolodkin <wolodkin@digitalink.com>]

I like it.  WIPO/CORE could work out a deal mutually beneficial to
both.  I like this a lot.  It doesn't harass people who want new domains
and it still provides protection for those companies interested in
protecting their marks.

Vince Wolodkin

Michael Dillon wrote:
> 
> On Tue, 14 Jan 1997, William M. Gilligan wrote:
> 
> >         I agree the present system needs reworking, but the wait is not the
> > answer.         Why not make a 'window of opportunity' for all companies to
> > submit - and reserve - their already tradmarked / registered names. They
> > won't need to use them, just get them held. That would answer all the
> > problems. Why, a fee could even be charged for this.
> 
> I think that Gilligan has the germ of a better idea here.
> 
> If WIPO would operate a central registry of marks that any mark holder can
> list their names in for the purpose of receiving notification of new
> domain name registrations then we could have this scenario.
> 
> 1. User submits new domain name registration form to registrar
> 
> 2. Registrar processes it and submits transaction to CORE
> 
> 3. CORE updates central database and appends transaction to the daily
>    gazette. CORE also brodcasts transaction to real-time update
>    subscribers. WIPO is one of these.
> 
> 4. WIPO receives new domain transaction and runs their own searches
>    and comparisons for THEIR CUSTOMERS, the domain name owners.
> 
> 5. If they discover a match or potentially confusing name, they inform
>    all the mark holders about it.
> 
> Notice, no 60 day waiting period is needed. CORE acts on behalf of the
> domain name owners as their registry and publisher. WIPO acts on behalf
> of the mark owners as their watchdog.
> 
> And most importantly, if a trademark owner disputes a domain name two
> years down the road, the first question the defense lawyer will ask is
> "Did your company subscribe to the WIPO marks registry?". If the answer is
> no, the second question he will ask is, "Why should this court take you
> seriously when you have already showed that two years ago you were not
> interested in taking prudent action to protect your mark?".
> 
> This does *NOT* require case law as far as I can see.
> 
> And the WIPO marks registry can serve many other purposes than just domain
> name conflict searches. The same sort of notification can be done whenever
> a new mark is registered with the WIPO registry.
> 
> Michael Dillon                   -               Internet & ISP Consulting
> Memra Software Inc.              -                  Fax: +1-604-546-3049
> http://www.memra.com             -               E-mail: michael@memra.com