At 08:14 AM 12/28/97 +1300, Peter Mott wrote:
<snip>
>
>You could refuse to register the names could you not? Do you not have that
>choice Robert?
Dear Peter:
I don't think we have that choice. Please read the CORE MoU and see if you read it differently:
Article 6. Registration Policies for SLDs in the gTLDS
The following rules shall apply to the registration of SLDs in the gTLDs by Registrars:
(f) SLDs shall be assigned to qualified applicants as provided in Section
6(f) [sic] above. No discriminatory conditions shall be imposed upon applicants.
Registrars shall offer to each applicant the opportunity to publish the applicant’s
requested domain name for a period of up to 60 days before the assignment of
the domain name takes effect. If this option is accepted, such fact shall be made
a part of the permanent record of the applicant’s domain name registration.
(g) CORE Registrars will not examine applications for second-level domain
names for conformance with the policy stated in Article 2(f) above.
Now, let's see what 2(f) says:
2(f) as set forth in Section 2(f) [sic] of the gTLD-MoU, a policy shall be
implemented that a second-level domain name in any of the CORE-gTLDs
which is identical or closely similar to an alphanumeric string that, for the
purposes of this policy, is deemed to be internationally known, and for which
demonstrable intellectual property rights exist, may be held or used only by,
or with the authorization of, the owner of such demonstrable intellectual
property rights. Appropriate consideration shall be given to possible use of
such a second-level domain name by a third party that, for the purposes of this
policy, is deemed to have sufficient rights;
Thus, Peter, I read it that Registrars are *not permitted* to refuse to register a domain *even if* they know full well that it is being requested by a pirate or *cybersquatter*.
Why would that be? I have been told that if we did it in some cases but happened to miss others, we could be sued (successfully) for having been careless in some cases. Since it would be impossible for *any* registrar to be 100% effective in preventing pirating, the CORE MoU prohibits from doing it in *any case*. I certainly would not have known that "Skunk Works" was a Trademark of Lockheed. And what about all those foreign Trademarks out there in the world?
Fortunately, the pirate who filed for sumitomo.firm and others decided to cancel of his own free will and volition.
Peter, if you see it differently, we'd sure be pleased. :-)
Personal regards,
BobC
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