Re: limitations of reputation, was Spam sent from compromised

Barry Shein <[email protected]> Mon, 25 Mar 2013 15:23:41 -0400
Newsgroups gmane.ietf.asrg
Message-ID <[email protected]>
I've always been kind of unexercized about typosquatting in general.

Sure, companies have every right under existing law to protect their
marks and YAHOO.CM would seem to be a flagrant violation, book 'em
Dan-o.

Others are questionable complaints, for example GOGGLE.COM, the word
"GOGGLE" is a perfectly valid English word. I have no idea if Google,
Inc has ever made a complaint against GOGGLE.COM, it was a made up
example.

And there are many shades of gray in between from replacing letter 'o'
with zero (seems to be a problem) to, at one extreme, the simple fact
that Ford Motor Company and Ford Modeling Agency would both seem to
have legitimate interests in "FORD" and the uses long pre-date the
DNS. I guess Apple Computer and Apple Music used to be a favorite
example but the latter is I believe now owned by the former as much as
it exists at all.

Which is why trademark registries such as the USPTO and WIPO are
two-dimensional at least (i.e., mark and product, likelihood of
confusion.) Geography is another dimension.

Right now we are developing basically an arbitration/adjudication
committee to hear complaints and make decisions, UDRP and all that
(Uniform Domain-name Dispute-Resolution Process.)

   http://en.wikipedia.org/wiki/UDRP

The mind's eye wants to reach for intent.

But then again evidence of malicious intent should be sufficient for
adjudication regardless of the domain except to further establish
motivation. For example, if GOGGLE.COM looked exactly like
GOOGLE.COM's home page ok that's a problem, but that's probably a
problem whatever the domain name is, it could just as well be
MXYZPTLK.COM hidden in an email or web page link.

Oh well, another huge can of worms.

But once one is dabbling in intent they're mostly leaving the realm of
technical solutions.

-- 
        -Barry Shein

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