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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.

2 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. 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.