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Re: new.net: yet another dns namespace overlay play
- From: John A. Tamplin
- Date: Wed Mar 07 13:04:54 2001
On 7 Mar 2001, Scott Gifford wrote:
> Assuming that I'm correctly understanding what is meant by
> "reverse-hijacked", the most notorious case I'm aware of is
> "walmartsucks.com". This domain was taken from an owner serving up
> criticism of Wal-Mart, and given to Wal-Mart. Wal-Mart apparently
> claimed that this domain name was so similar to their actual
> trademark, customers could be confused into visiting the wrong site,
> and ICANN somehow agreed.
>
> I don't know where the official ICANN ruling is on this, but I recall
> seeing it discussed in a number of places at the time. Let me know if
> you can't find a reference, and I'll see if I can dig one up.
Personally, I would hope that the rules would be the same as if you were
trying to start a new business or magazine with the name in the domain
name (I am making no judgement on how close UDRP is to that ideal). By
that criteria, I am sure that if you tried to start a company or magazine
named "Walmart Sucks" you would hear from their lawyers and they would be
equally successful.
John A. Tamplin jat@jaet.org
770/436-5387 HOME 4116 Manson Ave
770/431-9459 FAX Smyrna, GA 30082-3723
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