When you are not driving your car, does that mean someone can come along and take it simply because you were not using it?

I get a big kick out of names dropped or dropping and the buzz it creates. Recently it was reported that Pfizer Pharmaceutical was dropping the domain name Viagra.org. Pfizer is reportedly dropping 52 product names and a total of 13 Viagra related domain names.

The belief by many is the patent on Viagra will soon be up and then generic sales will begin.

Patents on products are valid for 17 years. Patents for Viagra are in place until 2011 – 2013. The issue here is a change in the law now makes patents valid for 20 years depending on when the patent was issued.

However, a patent expiration does not mean that the company that sells and markets a product under the name Viagra will stop using that word.

Sildenafil is the active ingredients of Viagra. Viagra is a brand, one that Pfizer has  no doubt put billions of dollars into R&D, clinical trials, advertising (who can forget the Bob Dole commercials), and promotion. Sildenafil will most likely become the generic name.

Think of it this way…many times we say and use the name word coke in placing an order etc. It has become a commonly used word for soda. Just because we use it in that manner does not mean that Coca-Cola is no longer a brand.

So why is Pfizer dropping the name? Who knows. And who cares.

Again, it is Pfizer’s right to drop a domain. Defenseive regs (the practice of a brand regging all extensions) may be a thing of the past. I predict that by the end of this year or the end of 2010 at the latest it will be totally un-necessary for a brand to feel compelled to reg every name.

Why do I see this happening? I do see and want the dropcatchers and registrars to step up (before it is made law) and clean up their acts by not allowing the sale, the registering, or facilitate the transfer or a trademarked domain.

If the domain industry fails to do so then the U.S. Departments of Justice and of Commerce may step in and make this into law. In other words, it will be illegal to own, possess, or sell a blatant trademark name. This is where all of this is going. To an entity outside of ICANN to regulate because ICANN has done nothing to stop or slow this process.

Despite all the press given to this issue of typosquatting and cybersquatting, everyone seems to be going about their business as usual. I am beginning to wonder if these drop catchers and registrars see the storm clouds approaching but ignore the warning signals. In other words, they know its coming but they better get to selling/registering while the going is good.

A few well timed lawsuits and well publicized cases involving a registrar or dropcatcher will stem this practice. In addition to criminal prosecution I would imagine punitive and civil damages would be awarded.

I am amazed how defiant and boastful many have become in defending this practice of buying, selling, catching, and transferring domain names claim it is not their problem.

Honestly, there are not too many more chances left for ICANN and the domain industry to clean up its act. As a taxpayer, I would rather have my money being used by Congress and the DoC to investigate and resolve more pressing issues than to be concerned with domains. But the simple fact to the matter is typos and TM’s are costing these companies billions in trade and commerce.

What really pisses me off is we, domainers, know it and don’t care. As long as we are making money and as long as we are happy that is all that matters. The world evolves around us.

Consider this; 2010 is election year for many seated in Congress at the moment. Call it grandstanding, but what a great time to revive the Snowe Bill and a few other bills to present to Congress. Canned and packaged as consumer protection and anti-piracy will go a long way at getting headlines.

And I can guarantee that not a single elected official will take to the podium in defense of domainers.

Go ahead and call 911 to report someone has taken your car out of the driveway.

How outraged would you be if the police responded, “Well, you weren’t using it. Besides, it’s not our problem.”