Re: [ga] A TLD for Trademarks

[Jeff Williams <jwkckid1@xxxxxxxxxxxxx>]

Richard and all former DNSO GA members or other interested stakeholders/users,

Although I like and respect you magnificent grasp of practicality Richard,
Joop is right but as usual for the wrong and too loosely stated reasons.
It is too late for your you propose Richard, because the IP industry is
expanding and has little room in ecommerce as represented in the DNS,
for your proposal, cannot police itself well anyway, would be skewing
the free market system by limiting ligitimacy of the name space in
such a way as to trample all over free trade laws in your country,
mine, and many others creating yet another set of legal problems
that would carry on for perhaps decades and as such causing more
confusion in the market place than already exists, and stymies
innovation in naming, ect...

Richard Henderson wrote:

> 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-
> >
> >

Regards,

--
Jeffrey A. Williams
Spokesman for INEGroup LLA. - (Over 134k members/stakeholders strong!)
"Obediance of the law is the greatest freedom" -
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very often the accident of glory" - Theodore Roosevelt

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