Re: BSA Policy: The Interney (long)
John Lindner (johng@GARLIC.COM)
Mon, 4 Sep 1995 12:44:49 -0700
Settummanque, the blackeagle <waltoml@WKUVX1.WKU.EDU> writes:
>Martin Flynn <maflynn@GENIE.GEIS.COM> writes:
>
>>At this time, the National Council, Boy Scouts of America,
>> does not sponsor, provide or hold official space for the
>> disseminating of information of any kind regarding programs,
>> activities, resources of lists of names of leaders or
>> chartered organizations on the Internet of other
>> computerized networks.
>>
>>Whois: scouting.org
>><snip>
>
>I was wondering when this would come up!
>>
>>Whois: net-bsa
>><snip>
>
>Brian Arnold is a "worker bee" at the National Office's Information
>Management office, part of the Council Support Division.
>
>>Can someone who is more familiar with IP addresses tell me if the above are
>> from the group assigned to internal networks, I.E. never intended to be
>> connected to the internet? They might be the IP for the internal LAN in
>> Irving.
>
>The address is a valid Internet address, and was obtained through the
>BSA in order to keep other parties from obtaining the "Scouting.org"
>IP address. As you probably know, the letters "BSA" as well as the
>word "Scout" or "Scouting" are protected by Congressional Charter to
>the Boy Scouts of America, and only those organizations and groups
>that the BSA allow may use the name or description.
>
>As far I can research, there's nobody out there with the "BSA.Org",
>"BSA.COM" or "BSA.GOV" IP name, but there could be. This could be
>pretty interesting if the BSA went to court to get an Internet address
>name from someone that they chose "not worthy" of having that name.
It could be interesting, but I wouldn't want to be on the receiving end of
BSA's lawsuit. Network Solutions Inc., which is responsible for assigning
domain names has recognized this, too, with a recently revised policy on
domain names, which reads (in part):
"NSI DOMAIN DISPUTE RESOLUTION POLICY STATEMENT
Network Solutions, Inc. ("NSI") is responsible for assigning domain names
on the Internet. This Policy Statement ("Policy Statement") will clarify
NSI's policies regarding the use and registration of domain names
("Domain Name(s)").
1. NSI is responsible for the registration of domain names on the Internet.
NSI registers these Domain Names on a "first come, first served" basis. NSI
has neither the resources nor the legal obligation to screen requested Domain
Names to determine if the use of a Domain Name by an Applicant may infringe
upon the right(s) of a third party. Consequently, as an express condition
and material inducement of the grant of an applicant's ("Applicant") request
to register a Domain Name, Applicant represents and warrants as follows:
(a) Applicant's statements in the application are true and Applicant has
the right to use the Domain Name as requested in the Application;
(b) Applicant has a bona fide intention to use the Domain Name on a regular
basis on the Internet;
(c) The use or registration of the Domain Name by Applicant does not
interfere with or infringe the right of any third party in any jurisdiction
with respect to trademark, service mark, tradename, company name or any
other intellectual property right;
(d) Applicant is not seeking to use the Domain Name for any unlawful
purpose, including, without limitation, tortious interference with contract
or prospective business advantage, unfair competition, injuring the
reputation of another, or for the purpose of confusing or misleading a
person, whether natural or incorporated.
2. Applicant acknowledges and agrees that this Policy Statement on the
registration and use of Domain Names may change from time to time and that,
upon thirty (30) days posting on the Internet at
ftp://rs.internic.net/policy/internic.domain.policy, NSI may modify or
amend the terms of this Policy Statement.
.....
4. Applicant is responsible for its selection of the Domain Name.
Consequently, Applicant shall defend, indemnify and hold harmless (i)
NSI... (ii) National Science Foundation ("NSF")... (iii) the Internet
Assigned Numbers Authority ("IANA"), ... and (iv) the officers, directors,
employees and agents of NSI's parents and subsidiaries (collectively, the
"Indemnified Parties") for any loss, damage, expense or liability resulting
from any claim, action or demand arising out of or related to the use or
registration of the Domain Name, including reasonable attorneys fees. Such
claims shall include, without limitation, those based upon trademark or
service mark infringement, tradename infringement, dilution, tortious
interference with contract or prospective business advantage, unfair
competition, defamation or injury to business reputation.... Applicant
agrees that the Indemnified Parties shall be defended by attorneys of their
choice at Applicant's expense, and that Applicant shall advance the costs
of such litigation, in a reasonable fashion, from time to time. The failure
to abide by this provision shall be considered a material breach of this
Agreement and permit NSI to immediately withdraw the use and registration
of Domain Name from Applicant.
5. Applicant agrees that NSI shall have the right to withdraw a Domain
Name from use and registration on the Internet upon thirty (30) days prior
written notice (or earlier if ordered by the court) should NSI receive an
order by a United States court or arbitration panel of the American
Arbitration Association (hereinafter "AAA") that the Domain Name in dispute
rightfully belongs to a third party.
6.(a) In the event that the Applicant breaches any of its obligations under
this Policy Statement, NSI may request that Applicant relinquish the
Domain Name in a written notice describing the alleged breach. If Applicant
fails to provide evidence that it has not breached its obligations which is
reasonably satisfactory to NSI within thirty (30) days of the date of receipt
of such notice, then NSI may terminate Applicant's use and registration of
the Domain Name.
(b) Applicant acknowledges and agrees that NSI cannot act as an arbiter of
disputes arising out of the registration and use of Domain Names. At the
same time, Applicant acknowledges that NSI may be presented with evidence that
a Domain Name registered by Applicant violates the rights of a third party.
Such evidence includes, but is not limited to, evidence that the Domain Name
is identical to a valid and subsisting registration of a trademark or service
mark that is in full force and effect and owned by another person or entity.
In those instances where the basis of the claim is other than a registered
trademark or service mark, Applicant shall be allowed to continue using the
contested Domain Name, unless and until a court order or arbitrator's
judgment to the contrary is received by NSI as provided in Paragraph 5.
(c) In those instances when the claim is based upon a trademark or service
mark:
(1) Without prejudice to the ultimate determination and with recognition
that trademark or service mark ownership does not automatically extend
ownership to a Domain Name, NSI shall request from the Applicant a
certified copy of a trademark or service mark registration... owned by the
Applicant that is in full force and effect and that is the same as the
Domain Name registered to Applicant.
(2) In the event that Applicant provides evidence of ownership of a
trademark or service mark... Applicant shall be allowed...to continue using
the contested Domain Name, unless and until a court order or arbitrator's
judgment to the contrary is received by NSI.... In the event the Applicant
fails to provide evidence of a trademark or service mark registration to
NSI within fourteen (14) days of NSI's request, NSI will assist Applicant
with assignment of a new Domain Name, and will allow Applicant to maintain
both names simultaneously for up to ninety (90) days to allow an orderly
transition to the new Domain Name. At the end of the transition period,
NSI will place the disputed Domain Name on "Hold" status, pending
resolution of the dispute. As long as a Domain Name is on "Hold" status,
that Domain Name registered to Applicant shall not be available for use by
any party.
(3) If Applicant fails to provide evidence of a trademark or service mark
registration to NSI within fourteen (14) days and will neither accept the
assignment of a new Domain Name nor relinquish its use of the Domain Name,
NSI will place the disputed Domain Name on "Hold" status, pending resolution
of the dispute. As long as a Domain Name is on "Hold" status, that Domain
Name registered to Applicant shall not be available for use by any party.
(4) If Applicant provides the evidence described in Paragraph 6(b), and
wishes to continue use of the contested Domain Name registered by Applicant,
Applicant agrees to indemnify NSI on the terms stated in Paragraph 4 from any
liability relating to the registration or use of the Domain Name registered
by Applicant and post a bond in an amount sufficient to meet the damages
sought, or if no specific amount of damages is sought, in an amount deemed
reasonable in NSI's sole discretion within fourteen (14) days of NSI's
request. Without such agreement and the posting of the bond, NSI may,
notwithstanding any trademark or service mark registration presented to it,
place the use of the Domain Name in "Hold" status pending resolution of the
dispute.
(5) NSI will reinstate the use and registration of a Domain Name placed in
"Hold" status when and if it receives an order by a United States court or
arbitration panel of the American Arbitration Association stating which party
to the dispute is entitled to use and register the Domain Name or if NSI
receives satisfactory evidence of the resolution of the dispute.
7. NSI WILL NOT BE LIABLE FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS,
OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
KIND (INCLUDING LOST PROFITS). REGARDLESS OF THE FORM OF ACTION, WHETHER IN
CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF NSI HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL NSI'S MAXIMUM
LIABILITY UNDER THE POLICY EXCEED FIVE HUNDRED ($500.00) DOLLARS.
8. Any dispute arising out of this Agreement or, at the request of NSI
and upon the agreement of the challenging party, a dispute regarding the
right to register or use Domain Name shall be resolved by binding arbitration
by the AAA under its commercial rules then in effect in San Diego, California."
In other words, if you apply for use of a domain name that may be
trademarked to someone else, better have the resources to defend your use
of that name. As we all probably know, BSA has such resources and will use
them to defend the Scouting name.
Take care,
John Lindner
Eagle Scout '80
Terry Howerton Sakima Group, Inc. SCOUTER Magazine Kansas City | 
