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Re: [ga] Trademark-free TLDs

On Sat, 14 Jan 2006, Danny Younger wrote:

Under the present system that provides Sunrise
opportunities for trademark holders you would never be
able to secure hummer.tld for yourself as it would be
snatched up long before you got to the Land Rush.

And it is precisely that history of ICANN prejudice in favor of trademark and an equal prejudice against other rights to use a name that we ought to be rejecting flatly and clearly and without euphemism or equivocation.

Eventually somebody is finally going to realize that ICANN has no authority to enact a law of trademark uber alles and the fact that it has been able impose one because of its singular position will be questioned as a form of restraint of trade.

There's no reason to hop onto ICANN's turnip truck and accept the unacceptable.

I agree that a "reservation" approach is less than optimum, but remain convinced that most TLD applicants will continue to kowtow to intellectual property interests in order to maximize their chances of obtaining the coveted TLD.

Just because some people are willing to be servile does not mean that we should sacrifice principle. We have already been pushed to the wall, we have nothing to lose by standing on principle and saying "this shall not pass."

This is a consequence of the beauty contest approach which will necessarily prevail unless the Board can be convinced to pursue an auction approach. Yes, I know that Mike Palage has indicated that the ICANN Staff is keen on auctions, but I have yet to see support for that approach throughout the GNSO constituencies.

You should have heard the disussions about auctions during the famous closed board dinners. Even during my term there were those who were absolutely, totally, and utterly against auctions, and some of those are still on the board.


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