Re: [nznog] Fwd: DNCL Second Level Consultation and Submissions

...

Makes no sense; if a party feels that a 2ld is diluting their brand then they should have to demonstrate that they have taken steps to protect it - AKA Trademark laws.

I think you are missing out on how the free market economy works. If you can't afford to hire peons to sit at the head of the line, and someone else can then that's the measure of success, move aside, capitalism coming through, the invisible hand and all that jazz. Just because the hand may be that dodgy uncle doesn't mean you get to brush it aside so easily without tearing down the basis of modern markets. Trademark Law (IANAL - but am **fairly** familiar with IP law in this country) requires active use if you do have an existing 3LD which is used and known - this would IMHO - be enough to show that a 2LD may dilute the brand. Again IANAL, but this seems to be how .net and .org rulings for "squatters"- or in several cases involving apple legitimate companies - have gone.

Firstly, not every company in NZ can afford to pay for a trademark or a peon.  Second, the same trademark can happen for different areas.

My point is about timing, if several years ago ago I registered simpleshortname.co.nz for whatever usage, why would I have registered that if I could have instead registered simpleshortname.nz?

On Wed, May 30, 2012 at 3:39 PM, Simon Green  wrote:

...

On 30 May 2012 13:25, Nicholas Lee wrote:

...

In the case of a dispute, it would be better to allow the domain holder with the longest third level registration to have priority for the second level.

Why? That doesn't seem fair.

What's fair got to do with a domain holder who has been paying for a domain for 10+ years - thus contributing to the domain infrastructure for that period - have less rights than someone who has only had a domain for 1 year?

Here is a personal example:

nic(a)vpn:~$ whois kiwa.co.nz | grep datereg domain_dateregistered: 1998-02-17T00:00:00+13:00 nic(a)vpn:~$ whois kiwa.net.nz | grep datereg domain_dateregistered: 2011-07-05T20:57:01+12:00

and an example that goes the other way:

nic(a)vpn:~$ whois ii.net.nz | grep datereg domain_dateregistered: 2001-01-16T15:21:12+13:00 nic(a)vpn:~$ whois ii.co.nz | grep datereg domain_dateregistered: 1999-10-20T00:00:00+13:00

The above demonstrates exactly the type of evidence you might want to be presenting to say Trademark lawyers or the DCN I would have thought to establish use and brand. Why would you try and pre-screen this? On this realted note a Stat/Econ boffin recently published an article looking at the cost of having to pre-screen youtube uploads. Came out to be somewhere around the 37$ Billion mark ;-) http://blog.cdmansfield.com/2012/05/23/an-engineers-cost-analysis-of-video-s... -JoelW