The Blind (and Stupid) Leading the Blind

Okay,  I'm not trying to be mean with this headline but consider:

http://news.yahoo.com/s/nm/20070312/wr_nm/internet_danger_dc;_ylt=AmqbLSPDdR9.2zHBTWxsd9ojtBAF

Saw this linked on Domainstate.

Here's a quote from the piece:  "the United Nations' agency said the latest trends in registering top-level domain names (TLDs) -- like www.reuters.com -- could undermine dispute procedures under which patent holders can pursue "cybersquatters."

This is just one line.. It is so profoundly flawed. - A TLD is the extension such as .com, .net, org  - not reuters.com (which is a domain name). "Trademark" holders (not "patent" holders) pursue cybersquatters. And by 'cybersquatters' these folks intimate any registrant who doesn't have a trademark to a generic defensible name. If the reporter wrote this they should be fired.  If the "United Nations Agency" wrote this,  they have neatly illustrated why they are in no position to govern the domain name system.  They don't understand what they are talking about.

Lastly from the piece:

Over the past eight years, the WIPO system has handled nearly 10,200 cases, in which complainants won 85 percent. But still the number of complaints has kept growing, reaching 1,823 last year, the most since 2000.

Again,  I submit these people have very little grasp of the realities.  Cybersquatter names are not increasing at this rate in the zone file..  the case numbers are going "up" because more companies are discovering what is going on.  It isn't that there are more pests in the world,  its just that companies are turning over rocks with greater frequency to reveal them.

It would be helpful if The United Nations (or this reporter) did some homework before writing such flawed stuff for all the World to be confused by.

Comments

[Derek P]

Sometimes I think I completely just don't "get" trademark names. When did fair use stop applying to domains?

If I have a store selling Sony TVs I'm able to place adds for discount Sony TVs anywhere I like, but if I register DiscountSonyTVs.com chances are I'd lose in a UDRP...

This whole thing needs redesiging from scratch. Time to change into my cheerleader gear (not a sight you want to see, trust me) ... Go ICA!

***FS*** Manufacturers allow dealers limited rights to use their product brand names in marketing.. there were cases years ago on this "webergrills.com" comes to mind. You should get independent TM counsel tho because each case is unique. I think the ICA just wants balance so commerical registrants can register generic names without being steamrolled by over-reaching IP counsel. They'll get there.. The voice of fairness and balance usually shines through.