Re: [ga] A TLD for Trademarks

["kidsearch" <kidsearch@xxxxxxxxxxxxx>]

Again, Richard, it doesn't matter that you or ICANN or everyone on this list
says that with a .tm tld companies would only have mark protection there.

They will simply go to court and protect it in all the other tlds as well.
Nothing we believe or say will change what will happen.

Creating a .tm or .reg will just give them one MORE tld their mark is
protected in.

Not even ICANN or WIPO can change the fact these companies will simply sue
people for their domain names in all tlds as long as those tlds are generic
in nature.

Until you have specific tlds that exactly relate to categories in which they
can hold a mark in you will always have the problem of reverse domain name
hijacking.

They will always be protected in all generic tlds like .com, .org, .net, and
.biz. Unless you change the court system in many countries all at once, that
is how it is.


----- Original Message ----- 
From: "Richard Henderson" <richardhenderson@xxxxxxxxxxxx>
To: "Joop Teernstra" <terastra@xxxxxxxxxxxxxx>; <ga@xxxxxxxxxxxxxx>
Cc: "Danny Younger" <dannyyounger@xxxxxxxxx>; "kidsearch"
<kidsearch@xxxxxxxxxxxxx>
Sent: Monday, December 19, 2005 3:59 AM
Subject: Re: [ga] A TLD for Trademarks


> 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-
> >
> >
>