This could set a dangerous precedent for the internet in India
Posted by Domain Name David on Sep 9, 2008
If those who legitimately register a domain name can be hijacked by others on the basis of speculative arguments and misstated facts and figures, this makes doing things on the web in India very difficult.
We have every faith in NIXI that they’ll see through this attempt as its implications for the development of the internet in India could be far-reaching. If generic terms can be taken away from rightful owners, we’d expect the owners of samosa.com to start laying claim to any site that has the name “samosa” in it.
One can argue that the earliest bird should get the worm - in other words, the first corporation who is able to register a generic term should “own” that term outright.
The problem is, the very reason a term is generic is because the term existed before the corporation got to it - in other words, there were birds who got to the worm way, way earlier (as early as the 13th century!). If a 13th century cook can lay claim to “samosa,” then the 21st century sidewalk samosa walla may conceivably be compelled to pay the original somosa walla a royalty.
That makes no sense of, course. And the reason is simple. Generic terms have no owners - they belong to the world.
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