[Sysops-list] a story...

[Bipin Gautam]

Firstly, the motivation of this writing isn't to point fingers on
company or individual. NO!!!
I won't point fingers to ourselves. Rather, I am pointing finger in the real
problem THE CULTURE & PRACTICE... THIS IS SIMILAR IN OUR REGION.

Technical staffs are JUST technical stall, similar goes with management and
legal. Sometimes things that are COMPLETELY DIFFERENT from technical
standpoint are SAME from a legal standpoint.

Firstly, to make long story short.

Background:

-----------------

- http://www.register.com.np is the registrar for .NP domains and is looked
after by the company Mercantile Communications PVT. LTD(MOS)



- NepCERT (Nepal Computer Emergency Response Team) was initiated 1.5 a year
ago. Domain name; nepcert.org.np Domain is registered on the name of
"Computer Association of Nepal"

- BUT the "Whois Lookup" database of register.com.np don't has an updated
entry about nepcert.org.np

(To give a DATE value right now) 08 September 2005, Presentation titled
"npIX Report card" also mentions the point of npIX Supporting the creation
of NepCERT :
http://www.apnic.net/meetings/20/docs/sigs/ix/ix-pres-gaurab-npix.pdf



PROBLEM:

--------------

I found    nepcert[DOT]com[DOT]np   was recently registered by a gentle men
on  8/27/2006 10:20:53 AM ( just < two months ago )

- register.com.np domain registry policy says;

"If a party claims that a domain name already registered violates their
registered trade name, or an obvious derivation of their registered company
name, MOS-NP reserves the right to transfer the domain to the claiming party
provided that they had registered trade name, trademarks or registered
company name at least one year before the registration date of the domain
name in question registered with MOS-NP."

"A company/organization only can select domain names based on its
company/organization's name, product's name, service's name and brand name."



BUT Reality:

-----------------

- I called MOS to query about the problem and see what they can do to fix
it. But I was immediately answered as; no it can't be allocated to me. Any
company can always register a domain like NepCERT-NEPAL[dot]com[dot]np  ETC...
If they wish to so. If they are not allowed to do so (create similar
variants of available names) they fear we might run out of .np domain names
soon!!!

After some conversation and me trying to explain my point I got the ULTIMATE
ANSWER, we don't get involved in such mess of monitoring such incidents or
be a moderator in middle. From a legal standpoint of you can win over it,
get it.

Obviously, I decided to take an alternate approach instead of trying to
explain over phone. I decided to take personal approach to the person who
has the DNS registered in his name through other links. Hopefully, the
domain will be reallocated to us.

Something similar might have happened to your intellectual property. This
message is MENT to be an AWARENESS TO YOUR RIGHTS if something similar
happens. Domain names are like LONG TERM assets. May be now it isn't as
important to us as it is on the WEST. In our region we still do most IT
BUSINESSES from personal relations & market reputations than websites. But
surely 10... 25 years from now domain names will have its value in our
region as in the west any other fixed assets.

Some famous incidents when companies were forced to change their domain
names, company name or reach to a settlement:

----------------------------

Lindows has changed its name to Linspire, in response to a trademark
challenge from Microsoft (Windows). I had been hoping for Winux.

-

An Internet search engine once known as Chmoogle was recently forced to
change its name after aggressive action by Google's trademark protecting
posse.



Google lately wants all domain names that end with "Oogle" and constantly
monitoring any domain registered on names sounding similar to Google. In
other news, Google won cases against pissing sites who registered their
domain name that are variants of typo error to the word "Google"

-

>From its inception to version 8.0, Mandrake named its flagship distribution
Linux-Mandrake. From version 8.1 to 9.2 it was called Mandrake Linux.

In February 2004 MandrakeSoft lost a court case against Hearst Corporation,
owners of King Features Syndicate. Hearst contends that MandrakeSoft is
infringing upon King Features' trademarked character Mandrake the Magician.
The word Mandrake is not unique to the King Features character, and
MandrakeSoft is appealing the decision.

-

Other news: utube.com & youtube.com

http://www.siliconvalley.com/mld/siliconvalley/business/technology/15904219.htm?source=rss&channel=siliconvalley_technology


-----------------------------

A domain registrar OR a company should take such things VERY seriously and
constantly monitor and take all precautions to check similar doesn't happen
in the first place. But sometimes ignorance bruises company's policy and
ultimately touches Legal or moral obligations.

Nepal, a small country, small user base, small market, small problems which
mostly has simple solutions.

PREVENTION IS BETTER THAN CURE AFTERALL!



Regards,

-bipin