Number: 406

August 18, 1997

Ms. Patricia Washington
Office of Public Affairs
National Telecommunications and
Information Administration
Room 4898
14th Street and Constitution Avenue, NW
Washington DC 20230

Dear Ms. Washington:

By this letter, Viacom Inc. is pleased to respond to the "Request for Comments on the Registration and Administration of Internet Domain Names" published in the July 2, 1997, Federal Register.

Viacom is a diversified entertainment and publishing company whose divisions and subsidiaries include Blockbuster Entertainment Group, Paramount Pictures Corporation, Simon and Schuster Inc., MTV Networks and Showtime Networks Inc. Through these and other affiliated companies, Viacom owns numerous trademarks including many famous trademarks which are widely recognized throughout the world. These trademarks are a critically important asset to Viacom. Protecting their integrity is crucial to our ability to conduct business with consumers who have expectations regarding the quality of goods and services distributed under these trademarks.

Viacom generally supports the goals enunciated in the "Request for Comments." Clearly, the system for domain name registration must evolve to accommodate the dramatically expanding use of the Internet, both within the United States and internationally. By the same token, as use of the Internet expands as a vehicle for commerce and communication, the need to protect intellectual property generally and trademarks specifically becomes every bit as important as it is today in the more traditional world of analog communications and tangible goods.

If the world moves towards a system where domain name registration can be undertaken with numerous private registrars in multiple countries, and with an expanding number of generic top level domain names (gTLDs), it is critical that there be in place an effective system under which trademark owners can efficiently prevent the registration and use of domain names which create confusion with or dilute established trademarks. We recognize the difficulty in developing such a system given the different legal systems and trademark rules found in many nations, but it is a task that must be undertaken to protect both consumers and those who have invested in the creation of a trademark. While recognizing that the expansion of the Internet must occur, Viacom would urge caution in expanding the number of registrars and the number of gTLDs until such an efficient means of protecting trademarks is developed.

Several steps are crucial in this regard. First, applicants for domain names should be required to state that, to the best of their knowledge, the domain name requested does not interfere with the rights of others and that they intend to use the name on a regular basis. Second, registrars should have some obligation to investigate the right of an applicant to use a proposed name at least in cases where it appears to implicate a famous trademark, and to refuse such an application prior to publication. Third, pre-registration publication of proposed names must occur with a mechanism in place to permit third parties to object to such registration. Fourth, it is critical that registrars only be located in countries which have effective systems for protecting trademarks, and applicants for domain names agree to submit to such country's laws solely insofar as they govern trademark or unfair competition actions arising out of intended or actual use of the domain names.

In closing, Viacom appreciates the Department of Commerce's decision to seek public comment on this important and complex issue, and we would welcome the opportunity to meet with you to discuss our views in greater detail. We would encourage the Department to take the lead in seeking the adoption of a policy which permits continued expansion of the Internet while simultaneously ensuring that trademark owners and consumer can be protected from trademark infringement and dilution.

Sincerely,

Thomas C. Polgar