Re: [wg-b] How would .fame work?

[Ellen Rony <erony@marin.k12.ca.us>]

Martin Schwimmer wrote:

>if all
>new TLDs had suffixes which provided context with which to interpret the
>SLD, such as a .art, .fan, .nom, or even a .sux, then cyberpiracy would be
>reduced and just as importantly, "string disputes" would be reduced as
>well.  .fame is not such a TLD.


Could you please run through your line of reasoning with the statement
above again that ".FAME is not such a TLD."   Providing context with which
to interpret the SLD hasn't worked for .COM, NET and ORG and even .EDU,
which is identified  solely for four-year degree-granting institutions but
is now under increasing pressure from other types of educational
structures.  The problem with maintaining the context of the TLD is how to
draw the line, how to police the requirement.  Should appropriateness be
based solely on the registrant's assertion?  Should registrars be asked to
check some sort of credentials of every name applicant?

What would work for .FAME is that there would be a clear gatekeeper to
entry, actually two, the first being a trademark registration and the
second being a certification that the name is famous.  There would thus be
no cyberpiracy in .FAME,  and existing legal remedies could deal with any
true (i.e. contextual) infringement of the use of the mark elsewhere.
Since the purpose of a mark is to prevent confusion by the consumer as to
the source of goods and services, .FAME would provide part of that
identification process.  I would think holders of famous marks would
welcome this solution for a single source recognition, instead of having to
register the name in 100 or more TLDs.  From a time management perspective,
you have on the one hand the famous mark holder who is identified as such
and gets the name in .FAME.  If, on the other hand, you have worldwide
exclusion in all gTLDs for famous marks, then every registrant has to
maintain a running list of those marks and every time an applicant wants to
register any of those names,  the registrar has to screen the list and
return a message to the applicant saying hands off this name.  IMHO,
registrars should not have the responsibility to police marks for trademark
owners, famous or otherwise.  If they are forced to do so, then they are
moved into a potential contributory liability situation, instead of
providing mere pass through services.

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Ellen Rony                         ____             The Domain Name Handbook
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Tiburon, CA                        W   W               erony@marin.k12.ca.us
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