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AT LARGE Q&A TOPICS
 
Topic: TLD's Domain Names, Branding and Right To Artistic Expression (hypothetical again)
Date: 2000-10-04 17:15:36
Author: BJ Van Raalte <bjscout@mindspring.com>

Question: www.4ID.ext; imagine: www.post-it2.store(example only). Registrant claims *literal* expression: post it to dot store. Sticky product owner(post-it2.com) contests explanation - including dormant status of future ID for data storage application. Q.> What (if any)is desireable action by ICANN?

Nominee Replies
Lawrence Lessig - posted on 2000-10-07 06:48:41
Desirable action? To leave the name space open for creative solutions like yours.

Barbara Simons - posted on 2000-10-05 13:50:43
In general, ICANN should not be making trademark law. In particular, ICANN should not be reserving domain names for future use by some trademark owner. If I have a domain name and I am not using it for commerce or my commercial activities are different from those of some owner of a trademark with the same name, then I have every right to use that domain name. Possible future use by a trademark owner should be entirely irrelevant.

Emerson Tiller, J.D., Ph.D. - posted on 2000-10-04 19:36:54
Post-it may try to invoke UDRP (domain name dispute resolution policy). But if your use of post-it2.store is not to sell competing product, then I think the UDRP should be on your side. Your use would be legitimate under the UDRP, in my opinion.


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