Comments of Bell Atlantic
Bell Atlantic appreciates the work being done by
the World Intellectual Property Organization (WIPO) to revise the Draft
Substantive Guidelines and is pleased to have this opportunity to comment
on the Second Revised Draft Substantive Guidelines. Bell Atlantic is one
of the largest telecommunications companies in the world, with a large
and extremely valuable trademark portfolio, consisting of nearly 1000 trademarks
for a wide variety of goods and services. The Company is an active member
of the Private Sector Working Group ("PSWG") and endorses their comments
and thorough section-by-section review.
Bell Atlantic cites a number of important issues that are not addressed
in the Guidelines and remain to be answered, including:
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The new role created by the new Guidelines for the Administrative Challenge
Panels (ACPs). These panels were originally intended to protect trademarks
from infringement based on a specific set of criteria. The new Guidelines
provide the ACPs with broad judicial powers to decide disputes based on
a list of unclear definitions and concepts. Without the checks and balances
of a system grounded in national laws, the ACPs will now be weighing the
rights of domain name applicants and creating a new form of international
legal precedent. Bell Atlantic looks forward to working with WIPO to find
ways to define the ACP role, including defining the instances which would
trigger ACP involvement.
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The need for harmonization of world trademark laws. The existence of inadequate
protection for trademarks in many countries will lead certain domain name
holders to forum shop in order to exploit these differences. Without harmonization
at some level, the collision of trademark rights and domain name registrations
cannot be resolved. The lack of adequate protection for trademark rights
raises serious questions about whether the ACP determinations can be enforced
and respected worldwide.
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The continuation of the 60 day waiting period prior to issuance of domain
name registrations. Bell Atlantic believes a waiting or prescreening period
should be reinserted into the new Guidelines as a mandatory requirement
in the registration process.
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The actual legal standing of the ACPs in any and all legal jurisdictions.
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The power of the ACPs have to enforce its decisions and impose sanctions
for noncompliance.
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The possibility there will be alternative tribunals available to the trademark
community to resolve these disputes.
A detailed list of further questions and comments can be found in the PSWG
comments. In the meantime, Bell Atlantic looks forward to a continuing
relationship with WIPO to work through these critical issues.
Respectfully submitted,
Bell Atlantic Corporation
By: ___________________________
Sarah B. Deutsch, Esq.
1320 N. Court House Road
8th Floor
Arlington, VA 22201
703-974-8450