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Don't Call them Domain Squatters

The response in the registration of dot in domain names after the new system of generic names were introduced appears to have unnerved a few. For any observer of the Internet it was clear from the beginning that there would be a large response for generic name registrations which are being conveniently termed as "Cyber Squatting" by some.

It would be unfair to call the domain name registrants in dot in generic domains as "Squatters". They have registered the domain names on a first cum first served basis that too after a "Sun Rise Period". If this is wrong then the whole system of inducing a person to register a name and later object to its being similar to or confusingly similar to a registered trademark is a fraud on the innocent public.

The views of the undersigned in this respect are well known and are explained in the website www.verify4lookalikes.com elaborately. The essence of the view is that the disputes between Trademark owners and domain name owners is not completely resolvable. We need to learn to live with the system where there is overlapping of trade mark rights over domain name rights. Verify4lookalikes is a service designed for the purpose which incidentally passed through a global patent examination.

It is important for every one to understand that the domain name system is one which was developed by as a convenient form of identifying web sites. It was not designed to help Trade Mark Owners proliferate their Meta Society right. From the very beginning it was decided that a domain name has to be seen along with its extension. Hence timesof india.com was considered a different name from timesofindia.org. It was for this reason that whitehouse.com, nasa.com, uspto.com etc became domain names not registered by the ostensible first claimants to the name. They wer happy to register the .gov extension and leave it to the general public to do whatever necessary with the other extensions.

If this principle that TLDs make names different is not accepted, then the very existence of over 500 types of TLDs becomes untenable and the whole system has to be disbanded. This is neither practical nor necessary.

It is therefore necessary for every one to learn to live with names with dot in extension though there may be some issues of confusion with earlier registered names.

Naavi

February 23, 2005

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