Re: [ga] A TLD for Trademarks

["Richard Henderson" <richardhenderson@xxxxxxxxxxxx>]

What I'm really saying, Joop, is that I'm opposed to 'Sunrise' privileges at
every launch for people who claim (often spurious) trademark rights. In the
case of imachination.com, you clearly think that the identity you have is
sufficient in itself, but presumably you don't expect the right to 'reserve'
the same name in each of the 100's of potential New TLDs? Because that
really *would* be expensive and time-consuming for you. Therefore in your
case, your .com is sufficient.

However, if you really wanted to safeguard your trademark authenticity on
the Net under my scheme, all you'd need to do is buy a .reg version of your
name (rather than 100's of versions in all future TLDs) and (if you like)
get the .reg to resolve to the .com site.

To my mind, having one authentic and authenticated trademark TLD is far
better than having people claim the right to "reserve" their name in tens or
100's of New TLDs.

With regard to compliance and enforcement problems, those are supposed to
exist in existing 'Sunrise' provisions of existing TLDs. I think it would be
better to have just ONE TLD where the verification procedure was carried out
really thoroughly ONCE, than to have these Sunrise processes repeated over
and over again.

I don't regard one more domain registration as being as financially punitive
as trying to buy your name in lots of New TLDs, although of course, you
would retain the right NOT to buy, even in a .reg version. For many people,
the 'Trademark' and identity problem is just not big enough to worry about.
However, for many people (and the entire IP community, and many of the
domain speculator community) these repeated Sunrise/Trademark claims are
important. The introduction of .reg or .tm could bring to an end "Trademark
rights" in other TLDs, and also bring to an end the "Sunrise" issues for all
New TLDs with all the compliance problems each of these tend to bring.

As for heavy-handed... I don't think a .reg provision would be heavy-handed,
because no-one would be forced to buy a .reg... it would be a market choice
(providing your application could be verified). I personally believe it
would *lighten* the IP pressure on the rest of the name space.

Kind regards,

Richard H

----- Original Message ----- 
From: "Joop Teernstra" <terastra@xxxxxxxxxxxxxx>
To: <ga@xxxxxxxxxxxxxx>; "Richard Henderson" <richardhenderson@xxxxxxxxxxxx>
Cc: "Danny Younger" <dannyyounger@xxxxxxxxx>; "kidsearch"
<kidsearch@xxxxxxxxxxxxx>
Sent: Sunday, December 18, 2005 9:58 PM
Subject: Re: [ga] A TLD for Trademarks


> At 10:06 p.m. 18/12/2005, Richard Henderson wrote:
> >I personally favour one clearly identifiable TLD for verified trademarks
> >(call it .reg or .tm or whatever) and the whole world knows that's where
you
> >go to look for the official sites for recognised and established
companies.
>
>
> It's too late for that, Richard.
>
> Small businesses have trademarks too.
> Any kind of forced corralling (whether in .org or .xxx ,.kids or .tm) is
> going to give more compliance and enforcement problems than it is worth.
> You would introduce a heavy hand into the DNS.
>
> Do you think I would like my established brand imachination.com to be
> herded to a .reg corral and suffer huge rebranding expenses simply because
> my registered trademark is suddenly not enough protection any more?
>
>
> -joop-
>
>