new.net

Fri Mar 9 20:18:03 UTC 2001

On Fri, 9 Mar 2001, Mike Batchelor wrote:

> > I like the idea of creating a new ".tm" TLD (or something less likely
> > to conflict with a CCTLD), and requiring anybody who wants trademark
> > protection to register there; everything else is a free-for-all, as it
> > pretty much is now.  Let them have their little trademark disputes
> > over there, and let less litigious heads rule in the other TLDs.
> 
> How do you propose to enforce this?  What authority will be able to
> intercede in a trademark lawsuit involving a domain outside .tm, and put a
> stop to it?
> 
> The namespace is the namespace, and infringment is infringment, whereever it
> occurs.  If infringment occurs, the damaged party should not be prevented
> from seeking relief.

  I agree. Such a policy would only serve to legitimize trademark
infringement. Also, since multiple entities can, and often do, have
identical trademarks in different business classes, there will still be
contention for even such .tm domains.
  If one considers the structure of name useage, from local assumed names
to registered trademarks by international organizations, the only logical
conclusion is to move everything to the regional domain structure and
totally do away with .com .net .org .edu and even .gov! It would seem to
be the only structure compatible with all scales of naming requirements
and should make domain related trademark issues a bit cleaner.

Chuck