[Ecommerce] vote on NCDNHC resolution on famous names

[James Love]

Several members of the ecommerce list are also members of ICANN's NCDNHC
consistitutency group (the non-commerical domain name holders), but have
dropped of the NCDNHC list, to avoid the flaming and bickering.  I have
been trying to get support for this resolution on that list, but without
much success.  
If anyone wants to express support,  please send a note to: NCDNHC
<NCDNHC-Discuss@lyris.isoc.org>


thanks. jamie

-------------------------
Subject: 
           NCDNHC resolution on famous names
       Date: 
           Mon, 17 Apr 2000 10:11:07 -0400
      From: 
           James Love <love@cptech.org>
 Organization: 
           http://www.cptech.org
        To: 
           NCDNHC <NCDNHC-Discuss@lyris.isoc.org>




This was the resolution that I proposed for NCDNHC, on March 27, 2000. 
There has been no effort to have a consensus on this resolution or any
other NCDNHC's resolution on the trademark issue.  I renew my earlier
request that we try to reach consensus and pass on our comments to the
Names Council, as soon as possible.  If there are problems of substance
on this proposal, it can be changed.  If the leaders of NCDNHC would try
to work with people to get something, it would be helpful.  The IPC
constituency has reached a consensus on a proposal from their group, and
WG-B and WG-C will both have reports to the NC.  I think we should be on
the record with something.  It is possible that the newest IPC proposal,
which I saw only on Friday, is so different and so much worse than even
the famous names proposal, that a different resolution would be in
order.  

  Jamie


-- ----------------
Proposed Resolution for NCDNHC on ICANN policy with respect to
new Top Level Domains and famous names

   version 1.0a
   author: James Love, love@cptech.org
   March 27, 2000

The Non Commercial Domain Name Holders Constituency (NCDNHC) opposes
proposals to have ICANN restrict the registration of famous names in
connection with new top level domains (TLDs).

ICANN has already created an alternative dispute resolution (ADR)
mechanism that may be used, and in the case of some existing TLDs, is
mandatory, to address disputes over trademarks and domain names.

The proposals for special filtering or restrictions on the registration
of famous names presents many issues concerning the legal basis for such
restrictions and the appropriateness of ICANN global policy making in
the area of trademark policy, an area of considerable controversy that
is subject to different national traditions and legal systems.

ICANN is considering the long overdue creation of new top level domains
(TLDs) for the Internet.  These will include both commercial and
non-commercial TLDs.  There exist proposals for chartered non-commercial
TLDs that would seek to use the TLD name space in ways that would make
it easier to organize consumers or workers, or to criticize businesses,
products or organizations.  For example, TLDs such as .union or .syn,
ecology, .boycott, etc.

At its Cairo meeting, the ICANN board indicated it would ask the World
Intellectual Property Organization (WIPO) to create a list of famous
names, but did not indicate how that list would be used by ICANN.  Some
trademark owners are asking ICANN to provide trademark owners certain
rights to exclude others from using the famous names in the new TLD
space.

1. The NCDNHC opposes new ICANN restrictions on the ability to register
a domain.

2. NCDNHC recognizes that registrars and registries will be subject to
court orders from a variety of national governments, and this will
include court orders on issues concerning trademark rights.  While there
may be a public interest in harmonization or coordination of national
laws on trademarks in cyberspace, it is far beyond ICANN's competence
and mission to address these controversial and complex issues.

3.  Trademark rights are designed to protect consumer interests, but
overly broad powers to trademark owners result in anticompetitive
conduct that harms consumers.  Trademark rights also must be limited
in areas of criticism, parody and other important exceptions.  Consumer
and free speech interests are not sufficiently represented in the ICANN
process.  

4.  NCHDHC also urges legal authorities with national jurisdiction over
trademark disputes to permit the use of a company or product name in
connection with a TLD that is designed to facilitate organization of
consumers or workers, or for criticism.  For example, labor unions
should be permitted to create domains such as sony.union or nike.union. 
Environmentalists should be permitted to create domains such as
Exxon.ecology, to comment on a company's environmental record.    Civil
rights groups should be permitted to use domains such as
Texaco.isnotfair, to inform the public of a company' record in civil
rights.  


-- 
=======================================================
James Love, Director           | http://www.cptech.org
Consumer Project on Technology | mailto:love@cptech.org 
P.O. Box 19367                 | voice: 1.202.387.8030
Washington, DC 20036           | fax:   1.202.234.5176
=======================================================