RE: [ga] Companion Dispute Proposal to WLS Service

["Roberto Gaetano" <ploki_xyz@hotmail.com>]

John Berryhill wrote:

>
>Since the UDRP is effective to take away unused domain names from
>cybersquatters, what difference does it make whether you have a
>cybersquatter with an unused domain name, or a WLS-squatter who is merely a
>prospective cybersquatter?
>
>With the WLS, we'll know in advance who will get a domain name.  Why wait
>until they have it?
>

Because you donīt know before they use it if the use is infringing superior 
trademark rights.

In most countries, you are innocent unless proven guilty. What you propose 
is to decide that somebody is guilty even before committing the action.

Letīs make an example.
doors.com is expiring, and Bill Gates gets in the waiting list.
Just before the domain changes hands, Microsoft announces the launch of the 
new "Doors" operating system, that will replace the obsolete "Windows". Of 
course, the launch is supported by filing for trademark.

Anyway, I am against the WLS, and believe that the Trademark/IP rights are 
overprotected by the current system. The combination of the two is really 
over the top for me.
Maybe the next step is that whenever you apply for a trademark you 
automatically get all the related domain names, possibly automatically 
transferred by the current registrant, in particular if he/she is an 
individual that has it for personal use.
"We know in advance the domain name is going to be eventually UDRP-ed away 
from the individual. Why wait until the panel decides?"
It will also be more efficient for corporations, who do not have to lose 
time and money.

Best regards
Roberto


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