Dear Marketing News readers,
We feel it is our duty to bring this to light and make people aware of what's
happening. As you may have heard, Senator Olympia Snow (R-ME) has very recently
introduced a bill that could threaten the future of the domain name industry and
internet commerce. Snowe's bill has been introduced as the "Anti-Phishing"
bill, but contains provisions that are largely unrelated to these objectives.
These provisions radically and unnecessarily expand the rights of trademark
owners to essentially provide them with monopoly rights on registered
trademarks. This would be to the detriment of millions of individuals and
businesses engaged in lawful and legitimate Internet commerce.
If the bill passed through congress, it may allow large businesses to take
domain names with little to no effort. Trademark owners already prevail in 85%
of all UDRP complaints and nearly 100% of all ACPA cases. Yet some apparently
now wish to establish a new regime for contesting allegedly “infringing”
domains that is tilted even more in their favor by denying basic due process and
substantive protections to domain name registrants – and that provides the
possibility that they can use their power and influence to sway public officials
to expend taxpayer dollars in defense of private Intellectual Property Rights (IPRs).
The proposal unfairly targets domain name registrants for a widespread Internet
practice – if it's aim is to halt the advertising monetization of brand names
and typographical variations thereof when consumers engage in direct Internet
navigation or in web searches it utterly fails in that endeavor, as this
activity is also engaged in systematically by search engines, web browsers and
ISPs.
sign the Snowe Bill anti phishing petition
We need to do as much as possible to make sure the bill is revised to serve
it's purpose of preventing phishing scams and not to bury domain name owners.
Please sign the petition at http://www.SnoweBill.com
to help in the fight and to review all portions of the bill.
Thank you for your time and attention in this matter.
Regards,
Some reactions on the Snowe Bill
| David Norden's Secret marketing Links Personal Comment |
| Anti phistings doesn't mean that big companies only can buy domain names. Also regular webmasters buy domains containing registered keywords to promote related products. E.G. clickbankacademy.com to clickbank.com products. I think trademarks are enough protected at this moment, it is more big companies that causes troubles for small entrepreneurs that should be taken care off. Phisting won't be stopped with this trademark bill, since hackers can use cloacking and iframes and linked images to make what looks like an official link go to an obscure page hosted somewhere in Russia, ... A better thing would be to do some education of the general public to adapt it's behavior. I receive myself hundred of phistings attempts a day and never clicked on one,.. I just recognize them as being untrue, when I need something I'll search through my browser. |
Dear Senator Snowe, I have already discuss these issues with Senator John Sununu's office, and would encourage you to collaborate. While we all frown upon Phishing and Trademark infringement, this legislation is too far reaching and allows for a few bad apples to ruin All the World's orchards. Our industry imposes ever-increasing standards through internal means, such as through The ICA and company policies. This legislation would be redundant. Further, our reputation globally is that of a pushy bully, and this legislation would only increase that impression, particularly with our European and Eastern/Asian citizens. Finally, I am working with a large private equity firm in PORTLAND MAINE on a large opportunity involving domain names. This is supposed to literally bring hundreds of millions of dollars together. Your constituents would benefit financially and economically with the increased job growth, income, and wealth generated by this endeavor. Some of those involved are supporters of your campaign, and I hope you honor their support by avoiding taking these extreme measures. Please reach out to this industry for education, instead of stepping into the industry with overburdening and misguided legislation. Thank you. Jude Augusta Seacoast, NH
Please please please, do not meddle with the domaining industry as a whole because of phishing. Yes we all agree that phishers should be punished. Yes we do not want any of our personal info in the wong hands. But to be able to take my domains away..that I plan to develop maybe next month or next year, because it is similar to someone elses.??? And how in the world can someone come in, and trademark something I have had registered before them...then claim it as their own???!!! Absolutely not relevant to phishing, whatsoever! STOP THIS BILL NOW, AND REWRITE IT!!!
This bill is unfairly targeting domain name owners (some of whom, like myself, live outside of the USA). Domain name owners have often spent many thousands (sometimes millions) of Dollars in building their portfolios. This proposed legislation provides unscrupulous business the opportunity to legally "reverse hijack" our property by allowing a business to retrospectively issue a trademark and then claim a domain name owener's proprty of their own. Congress must not meddle in a business that they don't understand. This is poor legislation, aimed at the wrong audience. It does little to protect individuals and business from the real problem of phishing and fraud.
Please sign the petition at http://www.SnoweBill.com to help in the fight and to review all portions of the bill, and to read more comments and write your own.
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