From: Deborah K Jones <Deborah_K_Jones@email.whirlpool.com>
To: NTIADC40.SMTP40("dns@ntia.doc.gov ")
Date: 3/26/98 4:13pm
Subject: Whirlpool Corporation Comments

March 26, 1998


Ms. Karen Rose
Office of International Affairs
National Telecommunications
and Information Administration
Room 4701
Department of Commerce
14th and Constitution Avenue, NW
Washington, DC 20230

Re: Request for Comment on the "Improvement of Technical Management of
Internet Names and Addresses" [Docket No. 980212036-8036-01] as published
in the FEDERAL REGISTER (63FR8826) on 2/20/98 (Referred to as the "Green
Paper")


Dear Ms. Rose,

The following are Whirlpool Corporation's comments regarding NTIA/DOC's
request for comments on "Improvement of Technical Management of Internet
Names and Addresses".

Please enter our comments for the record.

Sincerely,

Deborah K. Jones Michael C. Thompson
Government Relations Specialist Director Government Relations
Whirlpool Corporation Whirlpool Corporation
701 Main Street (9025) 701 Main Street (9025)
St. Joseph, MI 49085 St. Joseph, MI 49085

**************************************************************************

Whirlpool Corporation, the world's largest manufacturer of major home
appliances, has comments regarding the National Telecommunications and
Information Administration request for public comment pertaining to
Improvement of Technical Management of Internet Names and Addresses.
Whirlpool operates under 11 different brand names, manufactures major
appliances in 13 countries, and sells and markets products in more than
140 nations.

Whirlpool utilizes the Internet to serve a wide variety of business needs
on a global basis at this time, including the promotion and sale of
appliances in electronic commerce, consumer support services, on-line
link-ups with its dealers and other related activities. It will continue
to expand its use of the Internet to achieve its worldwide goals in the
areas of electronic commerce and customer service.

Whirlpool has registered a portfolio of key domain names, including domain
names for the key trademarks of the Company. During the past several
years, Whirlpool has been forced to address a number of trademark
conflicts related to infringing use of domain names and trademarks on the
Internet. For example, our Company had to initiate legal action against
an infringing advertising agency in California that had registered the
domain name "kitchenaid.com" which contains the trademark "KitchenAid," a
famous and well-protected trademark of our Company.

Our Company is interested in seeing a system adopted for administration of
Internet names that will recognize the importance of trademark rights and
the need to protect consumers who wish to locate a brand or a vendor on
the Internet without being misled or confused. While Whirlpool supports
the U.S. Government's efforts to privatize the Internet and promote
international participation in the administration of domain names, our
Company feels that the current proposal is particularly weak in addressing
trademark issues and consumer protection.
The response of the International Trademark Association ("INTA") to the
Green Paper, filed on March 18, 1998, aptly outlines the areas of concern
that trademark owners have in this regard. Whirlpool Corporation fully
supports and concurs with the comments of the INTA and especially notes
the following points:

1. Mainstream Business and Consumer Representation on Governing Body - As
expressed by the INTA, the most important issues relating to
administration of domain names (i.e., policy for addition of generic top
level domain names and the guaranteed operation of an authoritative root
server system) will have a critical impact on trademark owners such as
Whirlpool and consumers using the Internet. Therefore, our Company would
look for mainstream business and consumer representatives to have
significant representation on any governing body, at least at the same
level as representatives for the technical community. Whirlpool supports
the composition of the Board of a new corporation suggested by INTA and
its statement that key issues of policy should require a super-majority or
complete consensus of Board members before implementation.

2. Support for Single, Shared Registry Model - Whirlpool does not
support the Administration's proposal for a continued proprietary registry
model, allowing NSI to maintain its de-facto monopoly over the existing
gTLDs (.com, .net, .org) for the reasons outlined by the INTA. Our
Company believes that the single, shared registry model, advanced under
the gTLD Memorandum of Understanding would be a more effective approach
for long-term administration of domain names and resolution of disputes.
This would allow the future management of the gTLD name-space as a public
resource.

3. Premature Creation of New gTLDs - Our Company agrees with the INTA's
position that the addition of five new gTLDs before the new corporation
assumes responsibility is premature. Given the risks for trademark
owners, the new gTLDs should be added after new processes for dispute
resolution are first in place to protect existing trademark rights.

4. Trademark/Domain Name Disputes - Whirlpool Corporation disagrees with
the Administration's statement that "trademark/domain name disputes arise
very rarely on the Internet today" based on its own experiences and
ongoing information regarding the efforts of other multi-national
companies seeking to police and protect their marks on the Internet.
Mainstream business is spending a considerable amount of time and money
today policing the Internet and addressing the increasingly large volume
of trademark/domain name disputes that arise on the Internet.

5. Minimum Standards for Disclosure by Domain Name Applicant - The
minimum standards for disclosure proposed by INTA for domain name
applicants are fully supported by Whirlpool Corporation. We especially
concur with the INTA proposed standards for designation of agent for
service of process and required statements related to use of the domain
name. (Whirlpool experienced a situation where it was required to spend
excessive time and money to identify and serve a corporate officer in
addressing a domain name infringement matter.)

6. Dispute Resolution System Proposed by gTLD-Memorandum of Understanding
- In keeping with the INTA comments, Whirlpool believes that a dispute
resolution system similar to the one proposed in the gTLD-MoU should be
implemented and given an opportunity to work. Whirlpool is in agreement
with the Administration's proposal for a study and supports the INTA
position that new gTLDs should not be considered unless the study
demonstrates that adverse consequences as a result of these additions can
be avoided.

7. Appendices 1 and 2 - Whirlpool concurs with the suggestions made by
INTA in Appendix 1 for amending and improving the "Recommended Registry
and Registrar Requirements" and the additions proposed by INTA in Appendix
2 for "Minimum Dispute Resolution and Other Procedures Related to
Trademarks."

The above comments are respectfully submitted by Whirlpool Corporation for
consideration.

For further information, please contact:

Retha Martin
Senior Counsel
Whirlpool Corporation
2000 M 63 North
Benton Harbor, MI 49022
Phone: 616/923-5570

CC: Retha J Martin <Retha_J_Martin@email.whirlpool.com...

###

From: "MailForm" <dns@ntia.doc.gov>
To: "MailForm User" <dns@ntia.doc.gov>
Date: 3/26/98 1:22am
Subject: Mailform Data

Posted From: deviant.nwo.net
Date posted: 03/26/98 01:22:24

RE: Comments on the Green Paper (Technical Management of Internet Names and Addresses)

NOTICE: The following is an automated response via http://www.domainbank.net/support2.html

YES: I support and endorse CORE's 12-Point Action Plan in response to the Green Paper

NAME: Mike Johnson
ORGANIZATION: enoch.org
E-MAIL: mike@enoch.org
COMMENTS:

1. Immediately recognize IANA as the ultimate authority over the Root; allow it to continue operating as it has historically with no involvement of the U.S. Government and to evolve to a not-for-profit corporation with global consensus and without government hindrance

2. Create a board of directors for IANA from the world Internet community, based on the open, consensus-building process and standards promulgated by the Internet Engineering Task Force (IETF), Internet Architectural Board (IAB), Internet Engineering Steering Group (IESG) and the Internet Society (ISOC)

3. Fund the new corporation through fees from domain name registries, regional registries, registrars and other mechanisms approved by its board

4. For future administration and marketing of the Domain Name System (DNS), create a two-tiered structure: non-profit Registries for the administering of new generic Top Level Domains (gTLDs) and country codes; and Registrars, either for-profit or not-for-profit, which will provide registration services to registrants worldwide in a competitive environment

5. Through the IANA board of directors, use the Internet Standards Process as outlined in RFC 2026 to establish technical and other standards for Registries based on the goals of: technical excellence; prior implementation and testing; clear, concise and easily understood documentation; openness and fairness; timeliness; and ethical standards as outlined in the gTLD Memo of Understanding (www.gtld-mou.org)

6. Use the Memo of Understanding as the foundation for ethical standards to be agreed to by all Registries and Registrars; encourage comment and maintain an open process for its ongoing evolution and improvement

7. Based on approval by IANA, immediately add seven new gTLDs to the root and administer registration through the Shared Registry System (SRS) developed by the non-profit CORE Registry and already passed through acceptance testing; add more gTLDs as approved by IANA

8. To encourage stability, efficiencies, economies of scale and common standards among registries, CORE can provide Registry services to other gTLD Registries [AAA: delete this] and country codes; CORE will also make its SRS software available to any other non-profit organizations approved by IANA as a Registry for gTLDs

9. The U.S. Government should end the Network Solutions, Inc., monopoly on March 31, 1998, and open a public process for determining how Registry services will be administered for the gTLDs of .com, .org and .net without offering further monopoly protection or favored treatment to NSI.

10. Immediately convert NSI registry services to not-for-profit status; require that NSI open its SRS to all registrants on a cost recovery basis and operate within the same standards as all other registries; and require that NSI immediately hand over the authoritative root database and all coordination of the root server network to the control of IANA

11. Indemnify IANA against legal challenges

12. Ensure ongoing review and continuous evolution of all critical functions related to the Domain Name System through an open, public process carried out with international participation

Submit SEND MAIL

###

From: "MailForm" <dns@ntia.doc.gov>
To: "MailForm User" <dns@ntia.doc.gov>
Date: 3/26/98 4:41am
Subject: Mailform Data

Posted From: pc19f1cd3.dip.t-online.de
Date posted: 03/26/98 04:41:39

RE: Comments on the Green Paper (Technical Management of Internet Names and Addresses)

NOTICE: The following is an automated response via http://www.domainbank.net/support2.html

YES: I support and endorse CORE's 12-Point Action Plan in response to the Green Paper

NAME: Georg Korger
ORGANIZATION: g korger edv beratung
E-MAIL: Georg.Korger@BIGFOOT.COM
COMMENTS:

1. Immediately recognize IANA as the ultimate authority over the Root; allow it to continue operating as it has historically with no involvement of the U.S. Government and to evolve to a not-for-profit corporation with global consensus and without government hindrance

2. Create a board of directors for IANA from the world Internet community, based on the open, consensus-building process and standards promulgated by the Internet Engineering Task Force (IETF), Internet Architectural Board (IAB), Internet Engineering Steering Group (IESG) and the Internet Society (ISOC)

3. Fund the new corporation through fees from domain name registries, regional registries, registrars and other mechanisms approved by its board

4. For future administration and marketing of the Domain Name System (DNS), create a two-tiered structure: non-profit Registries for the administering of new generic Top Level Domains (gTLDs) and country codes; and Registrars, either for-profit or not-for-profit, which will provide registration services to registrants worldwide in a competitive environment

5. Through the IANA board of directors, use the Internet Standards Process as outlined in RFC 2026 to establish technical and other standards for Registries based on the goals of: technical excellence; prior implementation and testing; clear, concise and easily understood documentation; openness and fairness; timeliness; and ethical standards as outlined in the gTLD Memo of Understanding (www.gtld-mou.org)

6. Use the Memo of Understanding as the foundation for ethical standards to be agreed to by all Registries and Registrars; encourage comment and maintain an open process for its ongoing evolution and improvement

7. Based on approval by IANA, immediately add seven new gTLDs to the root and administer registration through the Shared Registry System (SRS) developed by the non-profit CORE Registry and already passed through acceptance testing; add more gTLDs as approved by IANA

8. To encourage stability, efficiencies, economies of scale and common standards among registries, CORE can provide Registry services to other gTLD Registries [AAA: delete this] and country codes; CORE will also make its SRS software available to any other non-profit organizations approved by IANA as a Registry for gTLDs

9. The U.S. Government should end the Network Solutions, Inc., monopoly on March 31, 1998, and open a public process for determining how Registry services will be administered for the gTLDs of .com, .org and .net without offering further monopoly protection or favored treatment to NSI.

10. Immediately convert NSI registry services to not-for-profit status; require that NSI open its SRS to all registrants on a cost recovery basis and operate within the same standards as all other registries; and require that NSI immediately hand over the authoritative root database and all coordination of the root server network to the control of IANA

11. Indemnify IANA against legal challenges

12. Ensure ongoing review and continuous evolution of all critical functions related to the Domain Name System through an open, public process carried out with international participation

Submit SEND MAIL

###

From: "MailForm" <dns@ntia.doc.gov>
To: "MailForm User" <dns@ntia.doc.gov>
Date: 3/26/98 1:55pm
Subject: Mailform Data

Posted From: 195.174.241.72
Date posted: 03/26/98 13:55:48

RE: Comments on the Green Paper (Technical Management of Internet Names and Addresses)

NOTICE: The following is an automated response via http://www.domainbank.net/support2.html

YES: I support and endorse CORE's 12-Point Action Plan in response to the Green Paper

NAME: Onur MAT
ORGANIZATION:
E-MAIL: omat@rorqual.cc.metu.edu.tr
COMMENTS:

1. Immediately recognize IANA as the ultimate authority over the Root; allow it to continue operating as it has historically with no involvement of the U.S. Government and to evolve to a not-for-profit corporation with global consensus and without government hindrance

2. Create a board of directors for IANA from the world Internet community, based on the open, consensus-building process and standards promulgated by the Internet Engineering Task Force (IETF), Internet Architectural Board (IAB), Internet Engineering Steering Group (IESG) and the Internet Society (ISOC)

3. Fund the new corporation through fees from domain name registries, regional registries, registrars and other mechanisms approved by its board

4. For future administration and marketing of the Domain Name System (DNS), create a two-tiered structure: non-profit Registries for the administering of new generic Top Level Domains (gTLDs) and country codes; and Registrars, either for-profit or not-for-profit, which will provide registration services to registrants worldwide in a competitive environment

5. Through the IANA board of directors, use the Internet Standards Process as outlined in RFC 2026 to establish technical and other standards for Registries based on the goals of: technical excellence; prior implementation and testing; clear, concise and easily understood documentation; openness and fairness; timeliness; and ethical standards as outlined in the gTLD Memo of Understanding (www.gtld-mou.org)

6. Use the Memo of Understanding as the foundation for ethical standards to be agreed to by all Registries and Registrars; encourage comment and maintain an open process for its ongoing evolution and improvement

7. Based on approval by IANA, immediately add seven new gTLDs to the root and administer registration through the Shared Registry System (SRS) developed by the non-profit CORE Registry and already passed through acceptance testing; add more gTLDs as approved by IANA

8. To encourage stability, efficiencies, economies of scale and common standards among registries, CORE can provide Registry services to other gTLD Registries [AAA: delete this] and country codes; CORE will also make its SRS software available to any other non-profit organizations approved by IANA as a Registry for gTLDs

9. The U.S. Government should end the Network Solutions, Inc., monopoly on March 31, 1998, and open a public process for determining how Registry services will be administered for the gTLDs of .com, .org and .net without offering further monopoly protection or favored treatment to NSI.

10. Immediately convert NSI registry services to not-for-profit status; require that NSI open its SRS to all registrants on a cost recovery basis and operate within the same standards as all other registries; and require that NSI immediately hand over the authoritative root database and all coordination of the root server network to the control of IANA

11. Indemnify IANA against legal challenges

12. Ensure ongoing review and continuous evolution of all critical functions related to the Domain Name System through an open, public process carried out with international participation

Submit SEND MAIL

###