Re: [ga] Trademark-free TLDs

[Jeff Williams <jwkckid1@xxxxxxxxxxxxx>]

Karl and all former DNSO GA members or other interested stakeholders/users.

As the USPTO has some time ago now added classes for domain
names to be trademarked, the concept of a "Trademark-free"
TLD is a nearly pointless argument unless one wishes to challenge
the USPTO in respect to restraint of trade as to that class of mark
as being in conflict with current trade policy and law.

Arguing such here on this forum, as has been done before, will
not now or anytime in the near future, prompt ICANN or DOC/NTIA,
or for that matter any other country whom has recently signed the
FTA's with the US to negate or abandon recognizing that USPTO
class of TM.

Karl Auerbach wrote:

> 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.
>
>                 --karl--

Regards,

--
Jeffrey A. Williams
Spokesman for INEGroup LLA. - (Over 134k members/stakeholders strong!)
"Obedience of the law is the greatest freedom" -
   Abraham Lincoln

"Credit should go with the performance of duty and not with what is
very often the accident of glory" - Theodore Roosevelt

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liability depends upon whether B is less than L multiplied by
P: i.e., whether B is less than PL."
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