Re: [ga] A TLD for Trademarks

[Danny Younger <dannyyounger@xxxxxxxxx>]

Chris,

Thank you for your comments.  When we start coming to
conclusions about different possible TLD applications
(such as .trademark or a .xxx -- both of which can
raise the hackles of certain individuals) we are
utlizing selection criteria.

That is what this whole week's discussion exercise has
been about.  What differentiates a successful TLD
application from one destined to failure?  What
criteria are new TLDs expected to meet?

Unless we want an arbitrary and capricious selection
process for new gTLDs, we need to settle on the
selection criteria that applicants will need to meet.

  

--- kidsearch <kidsearch@xxxxxxxxxxxxx> wrote:

> I don't think they need that Danny. First of all,
> domain names were never
> meant to represent trademarks.
> 
> When you register a trademark, you have to specify
> the field that the
> trademark will be used in, such as "entertainment
> television show" "clothing
> and apparel" "automobiles", etc.
> 
> A trademark gives you permission to use the chosen
> word or phrase to market
> your particular product. It does not give one
> ownership of that string of
> letters.
> 
> An example "Nissan". You can argue all you want
> about famous marks, but if
> my name is Nissan and I want Nissan.tshirts as my
> domain in the tshirt tld,
> I not onle have the right to own that domain name,
> but I can also register a
> trademark, because it will not be in the same
> category as the automobile
> manufacturer's trademark.
> 
> The simplest way to protect people's trademarks is
> to allow the creation of
> all types of tlds. So Nissan.auto or Nissan.car if
> registered by anyone
> other than Nissan, the automobile manufacturer,
> would easily be recognized
> as a trademark infringement, whereas Nissan.guitars
> would not be. There is
> also something to be said for car lots to be able to
> register the domain
> names Nissan.car or Nissan.auto if they sell Nissan
> cars. That is also not a
> trademark infringement IMHO.
> 
> By creating specific tlds, it would be easy to
> protect your mark without
> giving trademark holders ownership of entire strings
> of letters that even a
> trademark does not give you legally.
> 
> Trademark enforcement has been implemented on the
> Internet more stringently
> than it ever was pre-Internet. The USPTO only gives
> you "permission" to
> "use" that string of letters relating to marketing
> your product in a
> "specific" geographical area and it limits it to a
> specific category of
> product.
> 
> When you apply for the mark, the contract does not
> say you "own" the string
> of letters. Nowhere in the USPTO agreement does it
> also guarantee you all
> domain names that contain that string of letters.
> 
> Again, a phone book approach or a USPTO category
> approach to tlds would
> suffice to protect the "limited" rights that mark
> holders have.
> 
> .printers .pcs .stereo .cars .clothing,.etc. and
> ICANN doesn't need to set
> this up. Let the market do the talking. If there is
> a need for .cars and
> others, someone will create it and it will take care
> of trademark protection
> all by itself. Only famous marks would be protected
> in .com, .net, .org and
> other generalized tlds. All trademark holders would
> be protected in the tlds
> that are specific to the categories they hold marks
> for.
> 
> Chris McElroy aka NameCritic
> http://www.WhoLetTheBlogOut.com
> 
> 
> 
> ----- Original Message ----- 
> From: "Danny Younger" <dannyyounger@xxxxxxxxx>
> To: <ga@xxxxxxxxxxxxxx>
> Sent: Friday, December 16, 2005 2:20 PM
> Subject: [ga] A TLD for Trademarks
> 
> 
> > Interesting.  In support of a TLD for trademarks
> --
> > From Frederic Wallenberg's "Short Paper 2":
> >
> > Excerpt:  "I will first describe my general
> solution
> > to the issue at hand and will thereafter look at
> > special considerations for famous marks. My
> solution
> > relies on four changes. First I will propose a
> change
> > to the domain name system to accommodate all
> trademark
> > holders. For this change to be useful, we need to
> make
> > changes to the domain name server infrastructure
> and
> > change some functionality in the browsers used by
> web
> > users. This change in turn will require some
> change in
> > user behavior to be effective. While the solution
> > isn't without cost, it does have the opportunity
> to
> > solve the problem we're currently facing.
> >
> > Changes to the Domain Name structure
> >
> > The main idea is to allow all legitimate trademark
> > holders (under any legal regime) to secure their
> > trademark as a second level domain. To facilitate
> this
> > on a worldwide basis, it would be desirable to
> have
> > one unique TLD for trademarks."
> >
> >
>
http://www.sims.berkeley.edu/~fredrik/courses/cyberlaw/A%20New%20DNS.pdf
> >
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> >
> 
> 


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