Gerry Sikorski,
counsel for Thomson & Thomson, whom I have copied on this message, has
asked that I post to the list their comments on the bulk access
provisions of the interim report. As the comments indicate, Thomson
& Thomson is a subscriber to bulk access to Whois under the
current agreements, and I believe their perspective on the issues we will be
discussing on tomorrow's call is useful.
Steve
Metalitz
For nearly a century, Thomson & Thomson
has been the world leader in trademark and copyright services serving the
intellectual property research needs of leading law firms, Fortune 500
companies and other businesses worldwide. Thomson & Thomson offers
intellectual property research products and services that have gained an
unmatched reputation for reliability, accuracy and comprehensiveness. Our
online service Saegis is recognized as the industry's leading online trademark
research tool.
A global organization, Thomson & Thomson maintains
the world's largest collection of international trademark information. We also
provide a variety of search and monitoring services to its clients, including
comprehensive online trademark screening and monitoring services.
As
the global economy continues to expand, so too does the importance of
researching, registering and maintaining copyrights, trademarks and domain
names. For those involved in the sale of almost any type of goods or services,
a trademark enhances customer loyalty. It also builds brand identity, and
earns recognition for a company. A copyright serves to protect creative works,
and is especially important in highly competitive areas like entertainment,
publishing and software.
We are proud to offer the most accurate and
comprehensive collection of trademark, copyright and domain name information
in the world. And, by combining our extensive information resources with a
highly trained, highly dedicated sales, research and consulting force, T&T
provides a unique mix of services that effectively and efficiently covers the
entire lifecycle of trademark, copyright or domain names.
The bulk WHOIS data is used, in conjunction with
other bulk files, in our trademark research business. We search domain name
data looking for similarities in names or for groups of domain names with
similar characteristics. The WHOIS records are not used for the creation of
any mailing lists, electronic or otherwise. We do not construct any type of
marketing material from the accumulated information. Having the WHOIS records
on hand also allows us to provide more information to our clients when
searches are conducted. If clients must retrieve the WHOIS records for
individual citations, the work is time consuming and does not allow the
material to be included in the printed research report.
We appreciate the fact that the formal
comment period closed last week, but believe that the perspective of a current
user of bulk access information may be helpful to the Task Force (See "INTERIM
4.0, Marketing use of WHOIS data; bulk access provisions"). Our use, and
that of our subscribers, is clearly legitimate, critical to the maintenance
and health of the nation's legal, commercial and intellectual property
systems, and consistent with good public policy.
Our users and our researchers use the WHOIS
data exclusively for research purposes. We use it to deter
cyber-squatting, and insure that current names and associated intellectual
properties are not being confused, diminished or degraded, Its access is
strictly controlled, and we undertake our operations in compliance with the
bulk access agreements with, currently, five registrars.
We strongly support insuring that bulk
access is unfettered for legitimate uses, especially research users. We
do not oppose the current marketing restrictions, their vigorous enforcement,
or additional restrictions against marketing uses.
We thank you, and all of those
members who have devoted so much work to this worthy effort, for the
opportunity to express our thoughts.