An Act Of Treating Domain Names By Any Investor As Futures, Ought To Have Been Considered As An Act Of Hoarding!

 

My one question to Both ICANN & WIPO! What is the point of Typosquatting OR Cybersquatting, when the hoarding of the domain names, which are no more than being parked alone unused, even for a decade, yet, registrant holding the rights to own the same? Of-course, I was the only person who in my previous blog proposed a theory that, let the trademarks be also considered from the lens of copyrights. BUT, as long as that’s not the case, the act of hoarding of the domain names should be considered, if not illegal, but atleast, hoarding, and shouldn’t be allowed!

The Reason Why Discovery Is The Foundation Of An Invention!

 

There’s this myth of inventions being novel! Inventions wouldn’t happen unless discovered first. Examples: All the medicines today were first discovered in the Plants, Tress, Roots, and then, their steroidal compounds were extracted in the Labs, synthesized, and marketed via innovations! There’s nothing in the World called a Novel Invention. That’s why more than decade back, I coined the definition of Invention as -> Discovery++, i.e., one step ahead of Discovery. So first something is discovered, and then, derived and invented!

How Domain Names AND Trademarks Are Being Juxtaposed -> WRONGLY!

 

One is territorial, and another is universal; yet, when it comes to the UDRP, the effect of Cybersquatting is treated as a universal phenomenon even in the case of the cctld domains, and let’s say for the gtld’s too; knowing the trademarks themselves are territorial. Thus, the juxtaposition complexity and dilemmas!

The Awards can be clerically corrected or amended, not fundamentally. Herein my Theory came into picture where I discussed in my earlier blogs the problems in case of the PCT FERs and the Trademarks’ objections! Therein too at the procedural level, you can’t have two contradictory terms, wherein I opined how ICANN & WIPO could be wrong on their parts in the policies and regulations.

The Dilemma Of Prima Facie!

 

Patents ain’t Prima Facie! Trademarks, Copyrights, G.I., Designs Are! Domain Names? Explicitly Nope! Implicitly Yes (because of different cctlds and gtlds, and without even its registration, where the context of domain names even arose?).

The only thing what prima facie grants you is the exclusive Infringement Provision in the latter four cases to the rights holder. And in my earlier blogs, I opined that why structure of the Patents as per TRIPS, PCT, is a bit Flawed. Read that blog! Because, if you’ve something territorial, then it should also be applicable to what’s included in the FERs/SERs.