As you may have already read in the news or on a forum, a bill was recently introduced in the United States Senate by Senator Olympia Snowe (R-ME) that aims to drastically and needlessly expand the scope of rights associated with a trademark outside the realm of traditional trademark law. The Anti-Phishing Consumer Protection Act of 2008, or the Snowe bill as it is referred to, appears on its face to be directed to fighting the practice of “phishing”, which is a worthwhile cause, but contains many elements completely unrelated to this purpose, such as creating a cause of action for displaying advertising on a generic or descriptive domain name simply because another company has registered rights to a similar word or phrase.
If this bill is passed by Congress and signed by the President, it would immediately arm large businesses and government agencies with the ability to claim countless valuable and legitimate domains from their current owners. Supported by the Coalition Against Domain Name Abuse (CADNA), a coalition of companies that include Verizon, AIG, Dell, and several large hotel chains, the Snowe bill is attempting to confuse the issue of malicious phishing scams with the lawful and legitimate business of buying, selling and monetizing domain names.
By removing many of the intended checks and balances of traditional trademark law, designed to ensure that trademark rights are limited by geography and class of goods and services, the Snowe bill is attempting to eliminate many of the roadblocks large companies have faced in their attempt to gain de facto monopoly rights on words that rightfully belong to the public domain. Furthermore, the absence of due process principles make it likely that valuable domain properties could be taken from their rightful owner due only to a vague resemblance to another’s mark.
