When the WIPO Is On the Other Foot 60
slashdoter writes: "Last year Kenneth J. Harvey defended
his domain name Wallmartcanadasucks.com
( note the two ll's ) from Wal-mart.
so what does he do now? What every red blooded canadian geek would, demand
all of Wal-mart's domains with Wallmart ( two ll's ) in them. This would be really cool if he wins." This may be an opportune time to mention WIPO's new report on the domain name system, which recommends an assortment of new protections for trademarks in the domain name system. I haven't read it all yet, but the recommendations include taking domains away from the current holders and reassigning them, blocking new registrations of various classes of words, etc.
Re:A company? (Score:2)
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Slashdot links a The Register story (Score:1)
Re:fp (Score:1)
Unfortunatelly, Wallmart is not trademarked by Walmart.
His Wallmart and Wal-Mart seem to be the same... (Score:1)
Of course, it will be interesting if he does win.
Re:What "every red blooded canadian geek" would do (Score:1)
If he's doing this to make a political statement, then it is not immature. If he's doing it for no other reason than to be a thorn in Walmart's side, then he is.
LK
Well. (Score:2)
Seriously though...
Just because a corporation sues somebody doesn't make them think they are 'above the law'. They are just using the law to the fullest extent to try to get what they want; something that, although it seems unfair, everyone has a right to do. Of course, it takes money to do that.. so really only corporations and the rich can take this to the fullest extent, which is where the injustice kicks in.
Before you slam all corporations, realize that corporate officers are merely protecting the assetts of the corporation, something they are required BY LAW to do, lest they be the personal and direct target of a class action lawsuit from their shareholders. So blame the shareholders!
Re:fp (Score:1)
Yes, he can. He just has to be either engaged in a different trade or else pursuing it in a different jurisdiction.
"Wallmart" isn't a trademark of Walmart anyway, though I guess they are confusingly similar
I doubt, however, that he can trademark anything as he doesn't seem to be carrying out a business.
he wants wallmartsuck* (Score:5)
ATI (Score:4)
Hey, could somebody let me know what the current url for "Artificial Turd Industries" is?
Every time I go to www.ati.com [ati.com] now, I get some silly high-tech company rather than everyone's favourite fake dog poop vendor.
I, for one, say that this sort of domain name seizure by a large corporation from a small operator *MUST* be stopped.
(Really, though, does anybody know how much ATI the smaller was paid for turning over the domain?)
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Re:Well. (Score:2)
Corporations exist to escape blame. The primary purpose of a corporation is to shield people from taking personal responsibility. They use the same arguments that you do basically to justify anything that a corporation may do. Killing people, poisoning water supplies, relasing deadly gasses, ruining ecosystems it's all int he name of profit.
If we can hold human beings morally culpable for doing bad and evil things like murder, theft, littering etc then we ought to the same with corporations. The problem is that with a corporation nobody goes to jail for committing murder. Not the CEO, not the lowly worker, not the shareholders. In effect any corporation has a blank license to do anything it wants with no threat of jail time or criminal sanctions. Sometimes they get sued in civil court and have to give up money but for an organization that lives on money it's like skipping a meal no big deal.
Re:Above the law??? (Score:2)
Re:Above the law??? (Score:2)
Above the law??? (Score:1)
It's gotten bad enough that there are companies out there that are willing to provide 'insurance' for court cases. It works like this:
-----When IBM faced the US government over antitrust complaints back in the '70s the prosecutors faced down an interesting case of psychological warfare when IBM bought the block accross the street from their offices and put up a whole building to house their lawers.
I'm sure that other people can come up with their own descriptions of how companies use their massive resources to keep themselves 'above the law'.
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Re:Above the law??? (Score:1)
And yes, there are lawyers who will, from time to time, take on cases "pro bono" (free). They are, however, rare and they choose such cases carefully.
The character that Travolta played essentially ended up running much of the case on a 'pro bono' with or without his partners' agrement.
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Re:Yahoo Re:So what about (Score:1)
Yahoo Re:So what about (Score:1)
yours,
this *sucks thing is sad (Score:3)
At least with one of these sites you can go and look at what people don't like about the company, all the BBB will tell you is that x number of people have filed complaints. Whenever I go look at something like wallmartsucks.com I don't find myself especially impressed with what most of these people have to say.
I mean seriously, I spent some time working for a retail computer outlet a few years ago and the one thing I took away from it is that you can't make everybody happy. I don't doubt that some people have very legitimate gripes with the company they complain about but most of it is just silly whining. I would think that a company would be somewhat aloof to this, there's nothing at wallmartsucks.com that would stop me from shopping there. (I have my own reasons for avoiding that place)
Is this just a case of a company sending their pet lawyers out to do whatever they feel is necessary or do they really think that their potential consumers are unable to evaluate this guy's gripes and dismiss them? Sounds to me like a better deal than the BBB saying 17 people have filed complaints but we won't tell you the details so you can make up your own mind.
Hmmmm. (Score:1)
Re:Above the law??? (Score:1)
People (and companies) should learn to communicate with the other party before calling in the lawyers. This is something the judges should strike pretty hard on, to ease the stress on the legal system. Even under complete disagreement, alot of stuff can be resolved by just talking with the other side. Even wakening up some conscience.
- Steeltoe
Re:A company? (Score:1)
- Steeltoe
Re:Above the law??? (Score:1)
- Steeltoe
Re:ATI - mod up! (Score:1)
I remember when I had to go to http://www.atitech.ca [atitech.ca] to find drivers for my old Mach 64, as ati.com pointed to something else. I wonder where that company is now?
You want him to win? (Score:1)
But, of course, they're gonna give domains to the most powerful company that demands it, because Life Sucks. But that doesn't mean that I think everyone should play that game;just because Walmart is a big evil fuckstick of a company doesn't mean this guy should be.
Fight Back! (Score:1)
www.microsoft-walmart-intelcorp-ebay-amazon-amd
My plan is that they wont all be able to sue me.
Homonyms too? (Score:1)
Here I thought that having a sound alike only mattered if you were in a business that was in direct competition of the trademark holder. How silly of me.
DanH
Cav Pilot's Reference Page [cavalrypilot.com]
Real trademark law. (Score:2)
It is proper, as long as you don't try to confuse people and make them think you got the official company site.
There was a case in NY when someone used the company as www.bijaridesigns.com (mispelled), but when the company sued, they lost.
You can always appeal the WIPO decision to a court. Of course, that is the expensive way.
Re:fp (Score:1)
I really want this guy to win but sadly I dont think he can. He can't trademark somehting that already is owned by someone.
________
Re:fp (Score:1)
This "should" constitute sufficient activity on his part to justify the domain name, wouldn't you think? Along the line of harrypotter.com and so on, it's the name of hs book!
Re:Above the law??? (Score:1)
It ups the ante for BigCorp and levels the playing field between the individual and large corporations because that way they both have the same thing at stake and if the lawsuit is in danger of driving an individual into bankruptcy then it also presents the same danger to the large corporation. Good for the goose and good for the gander, as it were.
This idea could use some refinement as I just thought of it this very minute. But it does have its attractions, doesn't it....
Re:Well. (Score:2)
Indeed. Which is why every time I get really pissed off at a company that tries something really raw (RIAA, MPAA, pick a villain), I just remember why they are allowed to even attempt it. The law gives them the right to do so. They may have bought the law into existence in the first place, but it's still the legislation that made the situation possible.
So basically, I get to blame a bunch of lawyers, which, deep down, is something everyone wants to do anyway :)
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Re:Kick it old skool.... (Score:2)
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Re:Biggest = Best ? (Score:2)
Apparently the WIPO is taking my sig to heart.
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Re:Biggest = Best ? (Score:3)
Personally, I think it's great what Harvey's doing here. I mean, I hate that someone can say "Give me your domain names" and such a demand is even considered by the WIPO, but this at least turns the tables and makes the whole system look really stupid. Which it is.
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Re:ATI - mod up! (Score:1)
LOL, I just caught the irony in your sig. Do you get flamed a lot for that one by angry morons who don't catch the humor in that?
Re:Real trademark law. (Score:2)
Since the original site has been taken down due to a court injunction, the only online information that I can find on it is on this site [southbendhackersclub.com], and it appears that SBC/Ameritech even had Google remove its cache of the site [google.com]. However, it is strongly evidenced that Ameritech simply did this because they now are actually moving into the cable business, as is evidenced by this quick search on Google [google.com].
Re:You want him to win? (Score:2)
If wallmartsucks loses, then the arbitrainess of the system will be exposed(again) in a public forum. If they win, big companies have more to worry about.
Re:Yahoo Re:So what about (Score:1)
Yahoo is already going to become a porn site.
Nope, Yahoo has changed their minds [cnet.com].
Re:Are you that daft? (Score:1)
Biggest = Best ? (Score:3)
Face it, WIPO is an agency of big government and vested interest. They are never going to vote for the little guy.
If you want some version of true justice, then you need to get the WIPO out of the loop, and replace them with a truly democratic body.
How about setting up such a Internet only body, allowing the net denizens to vote and then demanding that the nondemocratic agencies yield to true democratic will.
After all, its democracy that they hold dear, isn't it?
Re:Yahoo Re:So what about (Score:1)
I don't know how available porn was via Yahoo in the past, but it would be interesting to find out if this new 'moral stance' does diminish the amount there is.
They're going for the family values dollar - very clever...
(As always, respect to the genius of Bill Hicks)
FP.
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Re:Biggest = Best ? (Score:3)
Well I type http://www.BigCorporation.com/ I expect to find the website of that big corporation. And I expect this is true of 90% of internet users.
Of course if I type in http://www.BigCorporationSucks.com/ I expect to find a website telling me why that big corporation sucks.
Free Speech (Score:1)
One of the reasons why I have WIPO.org.uk [wipo.org.uk] and SWIPO.org [swipo.org]
It could happen (Score:2)
It could be done through an alternative TLD service like http://www.new.net/. Also, with the shrinkage of
The bad news is a big corporation can outspend most citizens. The good news is that it doesn't neccessarily have to stop you from having a website.
A company? (Score:1)
Can he establish a company after the fact and then charge Wal-Mart for use of his new company name?
It seems like this would be like trying to patent something that already exists... anyone?
Re:Wal-Mart (Score:1)
Re:Great Job. (Score:1)
You have no idea what you are talking about. FIRST of all I am not mindlessly hating corporations. I am complaining about the PRACTICE of domain squatting that almost every single corporation does. This is wrong.
Maybe if you learned to READ and UNDERSTAND you would see what I am talking about. If you think I am wrong, point me to a few big corporation that does not push its way around on the internet by buying every domain name they can, threatening to sue anyone that tries to oppose them, and doing anything they damn well please because they think they are untouchable. Show me a few, I'm sure you can point at least a few out.
For the record, I do not hate corporations, I think they have their purpose but any corporation that thinks they are above the law is wrong.
I know you are troll but people's stupid ass comments like yours are pointless, go back to the Yahoo chats where you can be with more kiddies like yourself. Grow up.
Corporations that merely exist go bankrupt very fast.
Arathres
I love my iBook. I use it to run Linux!
Great Job. (Score:2)
Finally a Corporation is getting a taste of its own medicine. I hope he wins, it will be send a message to corporations that they cannot bully people around and not expect people to get pissed.
Arathres
I love my iBook. I use it to run Linux!
Re:Above the law??? (Score:2)
Arathres
I love my iBook. I use it to run Linux!
Kick it old skool.... (Score:2)
Are you that daft? (Score:1)
Hell no. Democracy can die a miserable death in a dumpster behind K-mart for all they care. CAPIATALISM is what they hold dear. If its going to make money, thats the good thing.
In fact, if I could do away with democracy completely and force you to buy my products exclusively, I'd be OK with that.
Why doesn't it surprise me that the teenage moronator crowd thinks this naiev pap is insightful, or whatever. What Jr. Dork has just described for us all is A.K.A. "Mob Rule."
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Re:Biggest = Best ? (Score:2)
Obviously a lot of companies think so; see this bit about Nissan Motor vs. Nissan Computer Company. [ncchelp.org] "Nissan" happens to be a Hebrew word as well as whatever it means in Japanese. Uzi Nissan named various businesses after himself before Datsun changed it's name to Nissan Motors. And he registered nissan.com for Nissan Computer Corp in 1994. Now it appears that the Japanese carmaker has discovered the internet and wants nissan.com. They are 7 years too late -- if there is any consistency to the WIPO's decisions at all.
Re:What's there to defend? (Score:2)
Hmmm.. What should i register today? (Score:1)
or
verizonreallyreallyreallyreallyreallysucks.com
--- My Karma is bigger than your...
------ This sentence no verb
Re:Biggest = Best ? (Score:1)
True or not, if you notice. The small guy WON in this case. He is now going on the offensive by asking walmart for all there wallmart* domain names.
What's there to defend? (Score:5)
The purpose of trademarks isn't to let companies control the use of a term in every way possible or restrict speech they find inconvenient, it is to ensure that consumers know which product they are buying when it's identified by a trademark.
New top-level domain ".sucks" (Score:2)
The solution? Group all the "*sucks" sites together into the top level domain ".sucks" Have a private organization run the servers (I'll volunteer servers and my admin abilities if someone has spare bandwidth and a co-lo
BTW, epinions.com does allow people to comment about almost anything. Not sure if their business model is viable, and thus how long they'll be around. But I always check there before buying anything or dealing with a company to see what others have said.
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He had come like a thief in the night,
Yikes, Batman (Score:1)
CoasterCount.com [coastercount.com]
Re:Biggest = Best ? (Score:1)
Re:Great Job. (Score:1)
By merely existing a corporation is guilty of nothing. Your mindset is one of a bigot.
Re:Real trademark law. (Score:1)