FC: Commerce Dept. refuses to bless .GOD and .SATAN top-level domains

From: Declan McCullagh (declanat_private)
Date: Thu Mar 07 2002 - 14:31:44 PST

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    Date: Thu, 7 Mar 2002 14:04:22 -0800 (PST)
    From: Joe Baptista <baptistaat_private>
    To: <publicat_private>
    cc: <declanat_private>
    Subject: Your Recent E-Mail to Commerce Secretary Donald Evans (fwd)
    let the games begin
    this reply is in reference to
    ---------- Forwarded message ----------
    Date: Thu, 07 Mar 2002 12:15:53 -0500
    From: Kathy Smith <ksmithat_private>
    To: baptista@dot-god.com
    Subject: Your Recent E-Mail to Commerce Secretary Donald Evans
    Dear Mr. Baptista:  Thank you for your electronic mail message to
    Secretary of Commerce Donald Evans expressing your concerns about the
    introduction of new top level domains by the Internet Corporation for
    Assigned Names and Numbers (ICANN).  Secretary Evans forwarded your
    message to the National Telecommunications and Information Administration
    (NTIA) for a response because the agency serves as his principal advisor
    on telecommunications and information policy issues, including the
    transition to private sector management of the Internet domain name
    On November 16, 2000, ICANN selected seven new top level domains for
    introduction into the Internet domain name system - - .aero, .biz, .coop,
    .info, .museum, .name, and .pro.  ICANN is now in the process of
    evaluating its selection process prior to any additional rounds of
    selection. Thus, your concerns about the potential introduction of new
    top level domains for ".god" and ".satan" are more appropriately directed
    to ICANN.
    With respect to your assertion of intellectual property rights in either
    a ".god" or ".satan" top level domain, I direct your attention to
    Examination Guide No. 2-99, "Marks Composed, in Whole or in Part, of
    Domain Names," (Sept. 29, 1999) issued by Department of Commerce's Patent
    and Trademark Office (PTO).  This guide is available on PTO's web site at
    http://www.uspto.gov/web/offices/tac/notices/guide299.htm.  In general,
    PTO has determined that a top level domain name, when used as a registry
    under which lower-level domain names are registered, does not function as
    a source identifier subject to service-mark rights.  See also Image
    Online Design, Inc. v CORE Association, 120 F. Supp. 2d 870 (C.D. Cal.
    Sincerely,  Kathy Smith, Chief Counsel, NTIA
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