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International Domain Name Disputes Analyzed
An anonymous reader writes "Interestingly, there's a new article on Domain Name Disputes, from an international perspective, at the Oklahoma Journal of Law And Tech. It specifically looks at protest or 'sucks' sites."
How about a TLD ".sucks" for all of these?
Don't blame Durga. I voted for Centauri.
http://www.okjolt.org/published/2004mainrev10.html
For all of you lynx folks who would have to figure out which of 4 frames is the correct one...
The strangest thing reported in this paper is that some arbitration panels have awarded critique domain names to the companies criticized on the grounds that non-native speakers of English may not understand American slang like "sucks" and so not realize that a site is a critique site. Aside from the fact that this ignores the fact that the site content will soon make it clear that it is not the company's own site, these panels seem not to understand that slang of general usage is probably the first thing to spread to other parts of the world.
The other striking fact reported is that some companies have attempted to pre-empt critics by registering the domain names that they are likely to use. Chase Manhattan Bank is mentioned as having registered a bunch of domain names, such as chasebanksucks.com. What this says to me is that these companies are overly concerned about criticism and therefore that they probably offer poor service and are unresponsive to complaints. I would avoid companies like that. This doesn't sound like a good way to enhance your company's reputation.
FACT: Virtually every word is (or can be) registered trademark - there is BOUND TO BE CONFUSION WITH DOMAIN NAMES.
.reg) to identify registered trademarks.
.gov site is US government site - and those in UK know .gov.uk is UK government site.
OBVIOUSLY - trademarks have to be identified on the Internet - just like they are in the real world.
There is a solution - use a protected TLD (e.g.
Just like people in US know
The authorities know this but would rather aid and abet big business unlawfully overreach with their trademarks.
Please visit my web site - not associated with corrupt UN World Intellectual Property Organization (WIPO.org).
I fully understand all the problems.
:-)
.reg) to identify registered trademarks?
.gov site is US government site - and those in UK know .gov.uk is UK government site.
.reg TLD could provide a certificate of authentication and directory services - both sadly missing from current system - you would think them essential, so guess why not.
r eg ister.htm
I did know that multiple companies can own the same trademark - I have been talking to lawyers for YEARS.
I have also discussed this matter in detail with US and UK authorities.
I sent the following email to University of Oklahoma College of Law:
Please will you kindly forward this to Stacey Knapp.
I would also be very grateful for comments from trademark experts at Oklahoma College of Law.
I hope you will rise to the challenge
You know Trademark Law is UNAMBIGUOUS - a mark is allowed for SPECIFIC goods or service ('class') in SPECIFIC country.
It seems to me that most lawyers do not want a solution to trademark/domain conflicts - perhaps because they make money from them?
You know that virtually every word is (or can be) a registered trademark - many times over in the same country - and also in different countries.
You know that there is bound to be confusion with domain names.
Is it not obvious - that trademarks have to be identified on the Internet - just like they are in the real world?
Why not use a protected TLD (e.g.
Just like people in US know
The
So - for example - apple.com could be directed to apple.computer.us.reg - who else would it be?
This does not replace current system or domains - it does not hinder marketing or restrict in any way - just provides additional increased functionality.
From my communications with US authorities it is clear they know this, but would rather aid and abet big business unlawfully overreach with their trademarks.
You know, of course, ICANN's UDRP guidelines came from UN WIPO, whom are biased towards big business with intellectual-property rights - both in principle and with cash?
UDRP is flawed and corrupt as UN WIPO made it to be easy for their customers to overreach with trademark.
Lois Boland, director of international relations for USPTO identified this bias when talking about open-source software.
Lois said that this "runs counter to the mission of WIPO, which is to promote intellectual-property rights".
Also, "To hold a meeting which has as its purpose to disclaim or waive such rights seems to us to be contrary to the goals of WIPO".
Perhaps though the US authorities do not want solution because the US Registered Trademark System is a sham.
You want proof it is a sham?
As you know - the USPTO can issue same trademark to different businesses selling similar products - concurrent registration.
The law was changed to allow them to do this by mostly ignorant people - in my truthful opinion those that informed them were corrupt.
Do not try to misdirect or muddy the water with honest concurrent use of unregistered marks.
Obviously unregistered trademark conflict cannot be avoided - with registered trademarks it can.
The US Registered Trademark System can at best described as a Zip Code Lottery System - made worse with resellers, national magazines/newspapers and the Internet.
Also made worse if somebody gives a product with US Registered Trademark to you as present - you are then consumer.
How does the US mark identify source?
How do you know that any US registered trademark is unique to one source from the mark?
Just exactly how do you know the registrant has "exclusive right to use the mark nationwide"?
http://www.uspto.gov/web/offices/tac/doc/basic/
If you disagree - exactly why is the US Registered Trademark System not a sham?
Please visit WIPO.org.uk.
I would welcome your critical comments on my informed opinion and findings above and on the web site.
Regards,
Garry Anderson
If you do a search for sucks on google, you'll notice that about 80% are ...sucks.com (or .org) sites. Most of them suck, though. Notably www.homedepotsucks.com and www.gapsucks.com are horribly out of date and look like a 4th grader dropout was hired to lead the design editor.
One caught my eye, however. And I Am Appalled! This is something that directly influences and affects all of us! metricsucks.com makes some bold, bald faced lies about who does and doesn't use metric!
Not to mention their clearly inferior message board. Suckers.
Please, do not read this sig
Like they would have given me an honest answer anyway :-)
Even when I have been humble - based on past responses - that ain't going to happen.
It is demonstrable fact that the system is corrupt - I can give example.
Most people in authority are cowards whom are afraid to answer - they are without honour.
http://www.primussucks.com is another bad example.
It belongs to the band Primus. It is their very primary and real website :)
It might be irony, or maybe they just don't like these guys.
Not Buzzword 2.0 compliant. Please speak english.
There are many domains out there taken up by very very disgruntled customers, and in some respects you can agree with the company and look at it from their point of view, that there is only so much they can do realisticly or they would go bust from people abusing the system.
.. .. ..
However, in a large number of cases, these companies are displaying gross incompetencies, and because they are too big a corporation to care about the 'little guy' as long as they continue to make obscene amounts of profits they wont care in the slightest. As a general rule, they wont even notice the loss of income from a few sites highlighting the negative aspects of said company. And as such they dont really care. That is until you get someone bored in the legal deptartment who decides that someone on the internet using a link that has not been ratified by their press office, coupled with the fact that the owner of the site didnt even pay them money for the privilidge of free speech. Then of course they think that making a court case out of it will help the public to see just how nice they REALLY are.
If at first you DON'T succeed, Skydiving is NOT for YOU!!
Some company in Hong Kong is grabbing up tons of domain names. I let mine lapse for a month and they stole it! What can I do to get my vusiness website back? (www.chrysalisguitars.com