Be VERY afraid...all domainers READ!

[Gerry]

Just found this posted and contains some very disturbing proposals.

It is advisable to read this in its entirety to make sure you understand the scope of it.

The summation is not enough to show you how deep and costly this is should this be enacted.

ICA: Trademark Holders Attempting To Greatly Expand Their Rights Through The New gTLD Process

Trademark interests, like CADNA, are actively trying to use the new gTLD process, to obtain substantial changes in current trademark protection to greatly expand their existing rights.

Of greatest concern is the fact that they are seeking:

1. A global brand registry, that has the potential to expand trademark rights well beyond the bounds of current law, by giving special protection to trademark owners’ “virtual rights” beyond the relevant marketplace and geographic restrictions of Trademark law;

2. A no cost, no notice, quick takedown procedure that would supplant the UDRP, for allegedly abusive domains, thereby eroding due process rights of domain registrants;

3. A loser pays UDRP format, it is more likely to result in an increased surrender of domains subject to UDRP[/SIZE] actions as the potential cost of a losing defense would increase substantially (especially given the hourly rates charged by the law firms employed by major corporate TM owners).

4. Any rules set up for the new gTLDs, probably be imposed retroactively on incumbent gTLDs including .com, .net and .org’s.

5. Given inordinate power to national governments over geo-related names at the first and second level of new gTLDs.

must read this in its entirety
- effects every domainer.

[owntag]

Who cares about us?

[Carter]

who cares about us?

icann lol

[stewie]

thx

[Arrogance]

disturbing

[Gerry]

disturbing

Considering that if these proposals go thru, these new laws would be retroactive and apply to all tld's.

I am sure there would be many legal challenges but these proposals essentially hands over the internet to business.

Imagine a name you have suddenly taken away.

Or for that matter several because it fits the bill of any of these proposals.

[DomainsInc]

Sounds like open season on domains. No cost udrp? Damn.

[thevirtual]

Domaining is quickly becoming controlled and regulated by big money and big companies.

[tekz999]

Google go take ICANN down. GO!

[Focus]

There are many BIG forces at work right now to prevent this from ever materializing, so do not despair!

[Raider]

What ever happened to the Snowe Bill?

[domaingenius]

If they bring in either no cap renewal prices, or the no charge UDRP then we
will be in the shit. It definately would mean that sales would be much harder
to make as no one will want to pay say $10,000 a year for a renewal,if
indeed that was the cost. It will probably mean that more will end up
in litigation.

DG

[URLtrader]

Ridiculous !!!

[copper]

No cap renewal fees.
No cost UDRP.

What's next?!

[biggedon]

another alarmist post!


super sized fonts removed...

[Gerry]

another alarmist post!

Not sure how this qualifies as an alarmist post.

These are real proposals,

Should these be enacted, yes...that would be alarming.

All of these points are from an attorney representing ICA.

From the website's follow up comments:

This is being proposed by ICANN who makes the rules for domains.

If ICANN removes the price caps on domains then that becomes the law.



send protests to;

John O. Jeffrey
General Counsel & Secretary
ICANN
4676 Admiralty Way, Ste. 330
Marina del Rey, CA USA
Direct +1.310.301.5834
Mobile +1.310.404.6001
John.Jeffrey@ICANN.org

[Raider]

another alarmist post!


super sized fonts removed...

Thank you... These attention grabber's Doc uses and abuses are becoming a real nuisance.

[Stian]

I actually spent more than 5 minutes writing a reply to this post .. But then I deleted it all because I didn't find a good ending point to my post.

[Gerry]

Here's a grand idea for everyone.

Rather than respond to me or criticize the post or the posting of this, how about going to the source itself.

The original piece is from a member on this forum.

He would very much appreciate your factual and intellectual comments as well as the factual and less than intellectual criticism.

I am sure that site would love the traffic and would appreciate the commentary.

And for those that do not think this is important enough to be concerned, then you truly are dunces.

These proposals put forth BY ICANN make the Snowe Bill look like a fart.



The best thing I can suggest at this point is do nothing.

There is no point in being concerned or even renewing your domain names.

If the cap on renewals are lifted, even if you try to beat that rush there is a good chance you would have the name taken away anyways.

So why waste regging for 10 years when it can be snatched.

I also suggest selling all your primium domain names now before they can be claimed, especially your geo's.

If a town/city/state/county/municipality/province takes your domain that you are so attached to, move.

If a business takes your domain name because it looks like, smells like, feels like, taste like their TM, then boycott the firm.

I would not be concerned at all if all new laws passed are retroactively apply as I am sure we are all quite wealthy to fight each seizure.

Based on these new proposals, I am now considering obtaining my law degree to represent domain owners.

First, I will have to back ICANN's proposals.

So allow me to publicly proclaim that I endorse the lifting of registration and renewal caps, I think every domain should be taken without a URDP process and find the owner guilty of infringement and damages, I think a quick takedown process is great and means more work for me to get it back up, I wholeheartedly endorse the reciprocalness of any and all new laws passed thereby granted unlimited rights for domain seizure for any and all domains fitting the bill of the looks like, feels like, sells like, and tastes like benchmark test (TM).

Doing so will ensure a deep, long, and never ending clientele to represent and bill.

If my attorney bills me $320.00 and hour, then I will use that as a starting point.

For those that find the posting of attention grabbing headlines a nuisance, the best I can offer to combat this is see who posted it and then totally ignore it.

In other words, piss off *****(es).

For those that feel it is wise to kill the messenger, then by all means do but do go to the site sources, voice your feelings and opposition there and support ICA and contact the attorney representing ICANN in these matters.

And for God's sake, don't tell them I sent you...I am not sure I can stand all the drama.

For those that feel they have nothing to fear but fear itself, then move to England.

For those that feel that they have not yet begun to fight, then go down with the ship.

But do go to the source and post your comments there.

I hope this is alarmist enough for you folks.

Who said there is nothing to do on a Saturday and it's boring.

Wake the **** up.

Is this alarmist enough?

[David G]

Thanks Doc for posting that informative and valuable information.

I predict that if those new very liberal TM rules Wipo case stuff goes into effect (or even part of it) that will be the end of domaining, at least as far as we know it today. It will be especially destructive to the business if the open-ended .tv style pricing is also allowed (as appears very likely).

Is it any wonder some domainers are trimming their portfolios (as I have done), not newly reg'ing many and trying to sell what they have (especially in view of declining ppc income too).