1999
The
Anticybersquatting
Consumer Protection Act,
despite all the fashionable buzzwords in its title,
codifies a trademark agenda in cyberspace. Our view is
that the legislation is an attempt to structure law to
favor a particular business model, while setting aside
many consumer and civil rights concerns. It grants all
trademark holders vast new rights at the expense of fair
use and free expression. For this reason, we bestow the
1999 Cyberserk Award upon the 106th Congress which gave
us this controversial legislation. In their celebrated
collective wisdom, these Congresscritters further the
vision that the Internet's primary purpose is as a
commercial medium and trademark owner's playground,
rather than a global communication commons. 1998 The
1998 title of Cyberserk Corporation is awarded to the
Prema Toy Company which ignited an international moshpit
of controversy when it challenged the rights to the
POKEY.ORG
domain name registration. Prema is owner of trademark
rights to the character Pokey, equine sidekick of the
better-known toy, Gumby.
The disputed domain name was registered for a12-year old
boy name Christopher "Pokey" Van Allen, who used it to
develop a personal website. The dispute generated more
than 4,500 e-mail messages and comments sent to the
child. Eventually, the court of public opinion and reason
prevailed, and Prema Toys withdrew its claims on April
21, 1998. 1997 We
bestow the title of Cyberserk Corporation for 1997 to
Procter
& Gamble,
a multinational brand supplier. Procter & Gamble
distinguished itself by registering an attenuated list of
domain names that includes spelling variations of several
brands, singular and plural versions of the same word, a
few body parts, an amusing array of human afflictions and
even DEODERANT, spelled wrong. Elizabeth
Moore, a spokesperson for the consumer retail giant,
offered a rationale for the sizable list of registered
domains: "We are providing ourselves with more than one
avenue to reach consumers with helpful information. We
make 'Sure,' 'Secret,' and 'Old Spice.' Underarms are
important to us." (Source: Ani Hadjian, "What's in a
Name? On the Internet You'd Never Guess," Time
(1995). We
unveil the 1997/98 CyberSaver Award and name a
corporation that has exercised model restraint during the
frantic nationwide push to nail down trademarks, company
IDs and product lines as domain names. The modest listing
registered to International
Business Machines
belies the fact that it is a global technology leader and
pioneer, with a work force of 241,000, cultivating
markets in Eastern Europe, India, China, Southeast Asia,
Latin America and elsewhere.
The
Cyberserk Award is bestowed annually upon an individual,
company, organization or institution that is unclear on
the concept of the domain name system. The winners are
picked by a two-person jury--the authors of the Domain
Name Handbook--who approach the task with special
seriousness. It is our belief that highlighting the
offbeat activities of these cyberserkers will provide an
educational reality check. When progress seems elusive
and candidates for these awards are plentiful, the jury
reserves the exclusive right to announce Runner-Up
awards. As you read about domain name activities, we
genuinely encourage you to collect your nominations
during the year and submit
them to us
for the next annual announcements.
Contents
| Reviews
| Viewpoint
| Acknowledgment
| Glossary
| Special
Features
| Booklist
Copyright© 1998, 1999, 2000 Ellen Rony and Peter Rony.
All Rights Reserved.
http://www.domainhandbook.com/awards.html