Quote:
Originally Posted by Hitch
"Merit" determined by whom?
I had to deal with something similar to this--B&N put on its cranky pants, due to my business name. (So too did Apple; for a while, they refused to publish anything in iBooks, because my company name has "nook" as letters in the title. Jackassery of the first water.)
So, if B&N decides, now, years later, to revive their devices, etc., I should have to give up my company name? My established business identity, because they'll produce "more social benefits" by doing...what, exactly? I had my biz, before their first device. Would I have named my business that, if I'd known then that they would call their devices Nooks? Not on your life. I must answer IDK how many wrong numbers per year, for people that think we're a B&N store or god-knows-what.
One of the biggest causes of strife in this world is that people can't agree on what constitues "merit" or "social benefits." I'll be goddamned before I'll let some Johnny-come-lately of any size just TAKE my business name away from me. I've worked very bloody hard to build this little biz, over more than a decade, and B&N or any other company has no goddamned "right" to take it from me--even if they're the equivalent of Little Sisters of the Poor. (Which they obviously are not.)
That's social INjustice and it most certainly isn't meritorious.
Hitch
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There are two very different things that are being argued. One thing the the idea that if Ben.and.Jerrys.com has already been claimed by a small bicycle shop named Ben and Jerry's bikes, then the big ice cream chain Ben and Jerry's can't simply claim it from them. This is a bit of a straw man since no one was ever arguing that they should. If the Ice Cream chain want to buy the domain, then fine. That's legit.
The other thing is that domain trolls shouldn't be allowed to claim a bunch of names as a matter of pure speculation. That's what I argue. It seems reasonable to me and I think that icann should be able to pull their domain claim in this case. Even in the days of the US giving people the right to claim land out west, there was a requirement that you actually had to work the land.