Re: [ga] Re: [ALSC-Forum] Re: [GTLD Registries List] What is the accreditatio...

[Jeff Williams <jwkckid1@ix.netcom.com>]

Stephen and all staleholders or interested parties,

Stephen Waters wrote:

> On Mon, 2001-12-31 at 18:01, Bruce Young wrote:
> >
> > I don't disagree.  However, the law as it currently exists recognizes the
> > right of trademark holders over domain names whether we agree or not.  I'm
> > just arguing to limit that right to a few domains.  Otherwise, opening new
> > TLDs is pointless: if tradmarks are allowed to rule in ALL domains, opening
> > a new TLDs does no one any good -- except the trademak holder, who would
> > have yet another domain they probaly don't need anyway!
>
> I think the following scenario would work... what do y'all think?
>
> i) [tm] is ruled not to be watered down simply by the presence of
> alternative, similar domains. i.e., [tm] holders are not required to buy
> them all up or sue like madmen to keep their [tm].
>
> ii) anyone should be able to hold a domain with a [tm] word or phrase so
> long as the content does not attempt to infringe upon [tm] holder or
> otherwise confuse the consumer. Getting the wrong address (i.e., domain)
> is *not* considered consumer confusion.
>
> thoughts?

  This is a good idea Stephen IMHO.  It has been made before in a little
different terms however.  The IP community rejected the idea on a number
of grounds which I will not elaborate here in this response.  As I also
recall there WAS/IS a .TM (DotTM) TLD that could be used for this
purpose as well.  I not sure if it still exists or was "Sanctioned" by
the ICANN BoD and staff.  None the less with different countries
having different Trade Mark laws and the US TM law (See Lanaham Act)
it is the responsibility, in the US anyway, that the TM holder be responsible
for defending their Mark.  This would also be true, in the US, for
Common Law Marks as well.  Hence perhaps you can see why the
IP community did not and does not still like this method which you
again present here.

>
> -s
>
>   ------------------------------------------------------------------------
>
>    Part 1.2   Type: application/pgp-signature

Regards,
--
Jeffrey A. Williams
Spokesman for INEGroup - (Over 121k members/stakeholdes strong!)
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail jwkckid1@ix.netcom.com
Contact Number:  972-244-3801 or 214-244-4827
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208


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