Vincent Cerf Admits Unresolved Problems in Domain Name
System
At last, it appears that Internet Veterans are coming round
to accept the views which Naavi.org has been strongly advocating for a few years
regarding the clash of the domain name system with the Intellectual Property
Rights.
For the last eight years, Naavi has been suggesting that the
introduction of new TLD s have only increased the possibility of trapping
innocent Netizens in an IPR battle with Trademark owners all over the world.
We are fully aware that Trademark owners are not only
objecting to the use of registered trademarks as the main name component in a
domain name, but also are raising objections on various extensions of the name
from the point of view of "Confusing Similarity". Most of the WIPO arbitrations
have gone in favour of the trade mark owners challenging the "First Cum First
Served Basis of Domain Name Registrations".
Even though ICANN thought of one remedy by way of the "Sun
Rise Period", in which the trademark owners were given exclusive time for
registration of their trademarks, this was bound to be an ineffective measure
since failure to register the domain name during the sun rise period could not
be considered a defect overriding the trademark registration system. Also, it
was impractical to expect trademark owners to protect all TLD extensions for
nealry 300 ccTLD extensions. The system was bound to be ignored and disputes
raised whenever it was convenient for the trade mark owner.
In countries like India where the dot in domain name system
was overhauled recently, it is a matter of fact that perhaps every name
registered has a potential conflict with another dot com name.
I fully support the need for the new TLD s to extend the name
space. However, unless we sort out the problem of Trade mark challenges to the
domain names, the system of introducing new domain TLDs can only be construed as
a big con game where registrars proceed to register the names on availability
basis and let IPR lawyers squeeze out the names from the registrants as and when
it is required to be taken over by the trade mark owner.
It is to address this issue that Naavi came out with a Patent
applied service concept "www.verify4lookalikes.com".
which can provide a means for "Coexistence". I will not explain the system here
since a pilot service is already available on the website. I only mention that
it is a third party maintained disclaimer service that records the "Good Faith"
and "Lack of Confusion" when similar names are encountered.
Now it is interesting that Mr Vicent Cerf often acknowledged
as the father of Internet admits that the Sunrise period has failed to sort out
the domain name problem. He has pointed out the increasing phishing and pharming
frauds which exploit the domain name system to misdirect Netizens into
fraudulent sites with an objective of stealing passwords and other identity
information which can be used on other genuine sites.
He has acknowledged that while New TLDs create more
cool-sounding available namespace, some companies feel obliged to spend even
more cash to protect their trademarks.
The situation in India is that the "Domain Name Dispute
Tsunami" is fast approaching our shores and Netpreneurs need to take the minimal
cover in the form of Verify4lookalikes service to protect their turf.
Naavi
April,17, 2005
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