new.net: yet another dns namespace overlay play

Wed Mar 7 17:57:26 UTC 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 at jaet.org
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