Mark says that the InterNIC has been dependend in the past on the cooperative nature of the Internet in resolving disputes. However, more recently, lawsuits have been filed seeking to resolve these issues though the courts. Dave Graves was involved in developing the most recent policy on Domain Name Dispute Resolution Policy. Dave is the business manager for Network Solutions, which provides the registration function for the InterNIC.
Facts
There have been a dramatic increase in the registration, especially
in the .COM domain.
Network Solutions' delemma results from the unsettled nature of the law regarding the relationship between domain names and trademarks. Since the Internet is global, laws that apply to geogrphic areas should not appy. However, there is another point-of-view that says that companies that have trademarks have an investment in them and the domain name may be another representation of the companies business and hence their trademark.
Network Solutions see themselves as being neutral and want it to stay that way.
The new policy was established on July 28,1995.
This Policy is applicable to situations when Network Solutions is presented with credible evidence that a third party has a trademark is valid and in effect, and is identical to the domain name of another party. Such evidence is usually the original document that certifies that the trademark is enforced.
When presented, the InterNIC will notify the domain-name holder and require them to present similiar credible evidence. If the domain name holder is able to do that, the domain-name holder must hold the InterNIC harmless and they must post a bond. Steve Bellovin asked what would happen if a counter suit was filed against the InterNIC enjoining them from deactivating the name. Dave said that that particular situation has not been addressed.
The question was asked about domain names that were similiar, but not identical to the actual trademark. In this case, an intellectual property lawyer will be consulted and a ruling will be sought to determine if the domain name and the trademark are legally similiar.
In the case where the domain holder has no trademark, the domain holder must get a new name and transition to it in 90 days. At that time the old name goes on hold until the dispute was settled. The policy is not static. It will be reviewed and revised as needs merit.
A mailing list exists -- domain-policy@internic.net, subscribe with mail to domain-policy-request@internic.net