22 February 1999

Date: Fri, 19 Feb 1999 17:13:18 -0500 (EST)
From: "Michael Froomkin - U.Miami School of Law" <froomkin@law.miami.edu>
Subject: Domain Names: WIPO RFC 3

I'm an advisor a World Intellectual Property Organization group that is supposed to prepare recommendations to ICANN regarding harmonizing domain name allocations with trademark law.

I've become concerned with what is going on because I think it unfairly privileges trademark holders, will restrict the freedom of expression on the Internet, and will allow large firms to scare ordinary people out of their legitimately held domain names.  In my "Critique of WIPO's RFC 3", which is available from http://www.law.miami.edu/~amf , I argue that WIPO's extensive proposals for the prevention and resolution of disputes regarding domain name registrations in .com, .org and .net, are seriously flawed in their current form.

Although I am a member of the Panel of Experts that WIPO has established to advise it in this process, this document represents my personal views only, and the opinions expressed in it should not be attributed to WIPO or to any other member of the Experts Group.

I'd be very grateful if you could look at my report, and if were able to write about this issue to explain to people why this is important, or to make comments to WIPO before the March 12 deadline.

Here's some relevant background information you probably already know:

The World Intellectual Property Organization is currently preparing recommendations that will go to ICANN regarding the harmonization of the Domain Name System (DNS) with the needs and desires of trademark-owners, and the holders of other intellectual property rights.  The report is accessible from WIPO's RFC 3 web page, http://wipo2.wipo.int/process/eng/rfc_3.html.

Among the proposals contained in WIPO's Interim Report, RFC 3 are extensive mandatory alternate dispute procedures for all registrants in .com, .org, .net and any new open gTLD that could be invoked by any third party who felt that his intellectual property rights (a term that includes but is not limited to trademarks)  were infringed in by the registration or use of the domain name.  The document also sets out extensive procedures for the protection of famous and well-known trademarks.

WIPO has requested that public comment on this report be submitted by March 12, 1999.  Comments can be submitted by email to process@wipo2.wipo.int or via a web-form accessible from http://wipo2.wipo.int/process/eng/rfc_3.html

A. Michael Froomkin   |    Professor of Law    |   froomkin@law.tm
U. Miami School of Law, P.O. Box 248087, Coral Gables, FL 33124 USA
+1 (305) 284-4285  |  +1 (305) 284-6506 (fax)  |  http://www.law.tm

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