Re: [ga] ICANN benefits

[Sandy Harris <sandy@storm.ca>]

"Tim Langdell, PhD" wrote:

> The key problem with applying trade mark law unthinkingly to the Internet as
> it stands at this moment in time, is that the vast majority of worldwide
> commerce is under the ".com" domain. And where you have only one TLD (.net
> has never gained the same favor) then of course you can only have one owner
> of any given name: your example using "Sun" is a good one. While there can
> only be one "sun.com" there are probably tens if not hundreds of entirely
> legitimate owners of a trademark in the US alone of either the word "sun" or
> some variant on it. Considering the world market -- which the Internet is,
> we cannot and must not ignore that -- then the number of rightful owners of
> the mark "sun" probably spreads to thousands. More, in the case where an
> even more commonly used mark is used as an example (please, no one respond
> that my figures are incorrect -- this is "for example" only and I am not
> meaning to say I have researched the trade mark "sun" per se in all
> countries world wide -- that said entering the search term "sun" in just the
> USPTO TM database gives 6,820 "hits").

Of course there are (partial?) solutions to these problems that do not
involve UDRP or any other action involving registries or registrars and
their customers, the Second Level Domain holders.

ICANN could create a .mark TLD with a trademarks-only charter. Let WIPO
administer it or choose and instruct a contractor to do so.

WIPO could create .mark.wipo.org, or anyone could register marks.net or
some such name. Once they've done that, they can assign subdomains as
they please.

Anyone could create a search engine, or various companies could enhance
their existing ones, to use a trademarks database.

Given sufficient buy-in from trademark holders and good marketing, either
a web site or a search engine could quickly become well known, the site
everyone goes to for info on trademarked products. They might even make
a bundle.
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