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RE: [registrars] RE: PDP Dec 05: Reserved Names Working Group: response needed

  • To: "'Sam BAVAFA'" <s.bavafa@xxxxxxxxxxxxxxxxxxx>, "'Marcus Faure'" <faure@xxxxxxxxxxx>, "'Peter Stevenson- Fabulous.com'" <peter.stevenson@xxxxxxxxxxxx>
  • Subject: RE: [registrars] RE: PDP Dec 05: Reserved Names Working Group: response needed
  • From: "John Berryhill" <john@xxxxxxxxxxxxxxxxx>
  • Date: Thu, 3 May 2007 14:26:26 -0400
  • Cc: "'Tim Ruiz'" <tim@xxxxxxxxxxx>, "'Registrar Constituency'" <registrars@xxxxxxxxxxxxxx>, "'Ray Fassett'" <rfassett@xxxxxxxxxxxxxxx>, "'Liz Williams'" <liz.williams@xxxxxxxxx>
  • In-reply-to: <C25FC237.3B2ADC%s.bavafa@french-connexion.fr>
  • Organization: John Berryhill, Ph.d., Esq.
  • References: <007301c78b3a$ca5a7b80$6701a8c0@cubensis> <C25FC237.3B2ADC%s.bavafa@french-connexion.fr>
  • Reply-to: <john@xxxxxxxxxxxxxxxxx>
  • Sender: owner-registrars@xxxxxxxxxxxxxx
  • Thread-index: AceLI0MlJTxkbYMNQ1mw70lC1Zm02QAE5N4wAJa4ynsABtxxEA==

>In France, the name of cities were blocked. 

That is helpful information.

In the US, the City of Paris has threatened the owner of paris.com, and the
owner of paris.tv.

The owner of paris.com is now suing the city of Paris in federal court in
New York, and the owner of paris.tv is suing the city of Paris in federal
court in Virginia.  A significant number of domain registrants are deciding
to pre-emptively take these matters to court, to the surprise of those
issuing frivolous claims.

Even in French courts, the city of Paris and the city of Lavallois Perret
have lost actions asserting rights in their names.

One of our constituency members, 1&1 Internet, was sued by the city of
Lavallois Perret over the domain name lavallois.tv.  The case is here:

Tribunal de grande instance de Nanterre Ordonnance de référé 30 janvier 2007
Commune de Levallois Perret / Loïc L., 1 & 1 Internet

http://www.johnberryhill.com/tgi-nanterre.doc

The decision is in French.  As a consequence of bringing the suit against
1&1, the city of Lavallois Perret lost the case, and they were ordered to
pay $1000 euro and the costs of the action to 1&1.

The Ville de Paris v. Nordnet decision is here:

http://www.johnberryhill.com/paris-nordnet.pdf

So, even in French courts, these expansive claims to geographic terms are
not recognized.  The suggestion that entities have exclusive rights to use
geographic terms as geographic terms per se, is an invention of ICANN.

My point is that I do not know why the "regular beneficiary" of "PG" is not
Proctor & Gamble, since it is their trademark.  In a TLD for bath products,
.bath, there is no reason why Proctor & Gamble should be stopped from
registering pg.bath.  Papua New Guinea is not, as far as I know, very well
known for soap, shampoo, or similar products.

I agree with you that a finite list is not the end of the world.  I do not
believe this list will remain finite.

Regards,

John
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