Slashdot Mirror

← Back to Stories (view on slashdot.org)

When the WIPO Is On the Other Foot

Posted by michael on from the kick-them-while-they're-down dept.

slashdoter writes: "Last year Kenneth J. Harvey defended his domain name Wallmartcanadasucks.com ( note the two ll's ) from Wal-mart. so what does he do now? What every red blooded canadian geek would, demand all of Wal-mart's domains with Wallmart ( two ll's ) in them. This would be really cool if he wins." This may be an opportune time to mention WIPO's new report on the domain name system, which recommends an assortment of new protections for trademarks in the domain name system. I haven't read it all yet, but the recommendations include taking domains away from the current holders and reassigning them, blocking new registrations of various classes of words, etc.

7 of 60 comments (clear)

  1. he wants wallmartsuck* by mullein · · Score: 5

    the register article doesn't actually say that he asked for wallmart*. he is "demanding that Wal-Mart hand over to him the URLs wallmartcanadasucks.net, wallmartcanadasucks.org and wallmartcanadasucks.ca.

  2. ATI by legoboy · · Score: 4

    Hey, could somebody let me know what the current url for "Artificial Turd Industries" is?

    Every time I go to www.ati.com now, I get some silly high-tech company rather than everyone's favourite fake dog poop vendor.

    I, for one, say that this sort of domain name seizure by a large corporation from a small operator *MUST* be stopped.

    (Really, though, does anybody know how much ATI the smaller was paid for turning over the domain?)

    --

    --
    If a tree falls on an anonymous coward yelling 'first post' in the forest, does anybody hear?
  3. this *sucks thing is sad by 0xA · · Score: 3

    Has anybody else ever though of this whole *sucks thing as a different kind of Better Business Bureau?

    At least with one of these sites you can go and look at what people don't like about the company, all the BBB will tell you is that x number of people have filed complaints. Whenever I go look at something like wallmartsucks.com I don't find myself especially impressed with what most of these people have to say.

    I mean seriously, I spent some time working for a retail computer outlet a few years ago and the one thing I took away from it is that you can't make everybody happy. I don't doubt that some people have very legitimate gripes with the company they complain about but most of it is just silly whining. I would think that a company would be somewhat aloof to this, there's nothing at wallmartsucks.com that would stop me from shopping there. (I have my own reasons for avoiding that place)

    Is this just a case of a company sending their pet lawyers out to do whatever they feel is necessary or do they really think that their potential consumers are unable to evaluate this guy's gripes and dismiss them? Sounds to me like a better deal than the BBB saying 17 people have filed complaints but we won't tell you the details so you can make up your own mind.

  4. Re:Biggest = Best ? by Dyolf+Knip · · Score: 3
    And if that domain name is already taken by an individual it should simply be taken away? Because that's what's going on all the time here. Do you think that in all the world there's only one entity (person, business, team, etc) with a given name? If there's a conflict, why on earth should control be transfered to whomever has the most money?

    Personally, I think it's great what Harvey's doing here. I mean, I hate that someone can say "Give me your domain names" and such a demand is even considered by the WIPO, but this at least turns the tables and makes the whole system look really stupid. Which it is.

    --

    --
    Dyolf Knip
  5. Biggest = Best ? by sane? · · Score: 3
    It seems that the entire WIPO approach is that the biggest claimant, either in bank balance or other example of power, has the prime right to any and all domain names associated with themselves.

    Face it, WIPO is an agency of big government and vested interest. They are never going to vote for the little guy.

    If you want some version of true justice, then you need to get the WIPO out of the loop, and replace them with a truly democratic body.

    How about setting up such a Internet only body, allowing the net denizens to vote and then demanding that the nondemocratic agencies yield to true democratic will.

    After all, its democracy that they hold dear, isn't it?

    1. Re:Biggest = Best ? by logiceight · · Score: 3

      Well I think the biggest should have the rights to the domain name.

      Well I type http://www.BigCorporation.com/ I expect to find the website of that big corporation. And I expect this is true of 90% of internet users.

      Of course if I type in http://www.BigCorporationSucks.com/ I expect to find a website telling me why that big corporation sucks.

  6. What's there to defend? by janpod66 · · Score: 5
    I don't understand why this is even a WIPO or trademark issue. Whether "WallMartCanadaSucks.com" or "WalMartCanadaSucks.com" or "WalMart-sucks.com", use of the term "WalMart" seems entirely appropriate: it identifies correctly and specifically the product WalMart provides. Furthermore, it doesn't look like Harvey is using the term to engage in his own trade, he is merely relating his experience as a customer.

    The purpose of trademarks isn't to let companies control the use of a term in every way possible or restrict speech they find inconvenient, it is to ensure that consumers know which product they are buying when it's identified by a trademark.