Domain names and the exclusive
rights that go with it have been a source of dispute world over for quite some
time. The regulators of Domain names including ICANN, Network Solutions INC,
Verisign as well as the various registrars have all been working on finding an
amicable solution to the problem of conflicting claims on a domain name.
The WIPO and the law makers in
various countries have been working on establishing the rights of Trade mark
owners on a corresponding domain name in a bid to make the domain name rights
subordinated to the Trade Mark rights in the Meta society.
Many of the decisions of the
WIPO have been against honest individuals who have a right on a domain name
for some logical reason but cannot substantiate it in a legal process against
a powerful corporate in an arbitration process. The cases of jaguarcenter.com
Vs Ford as well as marutionline.com Vs Maruti Udyog are some examples worth
remembering in this context.
More complications have now
been introduced to the system by the new domain name extensions such as .info
and .biz. Instead of creating more name opportunities these domain name
extensions have only helped the registrars make more money since it forces a
genuine name right holder to register multiple domain names or else face a
legal battle for extensions that may be registered by others.
In a further move to enrich
the registrar community, VeriSign Inc., which operates the global ".com"
Internet domain, proposed the creation of an Internet address "Wait List
Service" (WLS) that electronic speculators could use to reregister .com
addresses that are scheduled to lapse.
The proposal is to encourage
people register domain names that have been earlier registered and are not
renewed on time. Verisign is creating a separate rate structure of US $ 40 per
year for such domain name registrations as against the normal rate of US $ 6
that prevails in the market.
While the individuals who rush
to buy up such domains may do so since the name appears to have a proven
demand, they are oblivious to the fact that they are walking into a legal trap
by which they may be putting a claim on a name on which some body else
has already established a claim. If this domain name goes into a legal battle
the balance of favour will be with the original registrant and not the new
registrant.
Thus the new scheme may be an
invitation for legal action for every registrant. For most of the registrants,
it is not worth the risk.
..Or Is it a move that makes
Naavi's patent pending Verify4lookalikes service more relevant?
Naavi
January 12, 2002.
Related Articles:
The Proposal
Report in
Newsbytes.com