ICANN to allow commercial gTLDs

Jay Ashworth jra at baylink.com
Fri Jun 17 22:39:58 CDT 2011


----- Original Message -----
> From: "Owen DeLong" <owen at delong.com>

> MacDonald's would likely get title to .macdonalds under the new rules,
> right?
> 
> Well... Which MacDonald's?
> 
> 1. The fast food chain
> 2. O.C. MacDonald's Plumbing Supply
> 3. MacDonald and Sons Paving Systems
> 4. MacDonald and Madison Supply Company
> 5. etc.
> 
> All of them have legitimate non-conflicting trademarks on the name MacDonald's
> (or at least could, I admit I made some of them up). I said when this mess
> first started that mapping trademarks to DNS would only lead to dysfunction.
> It did. Now the dysfunction is becoming all-encompassing. It will be 
> interesting to watch the worlds IP lawyers (IP as in Intellectual Property,
> not Internet Protocol)
> eat their young over these issues for the next several decades.

Indeed.

It's actually "McDonalds", of course, and the US trademark law system has
a provision for "famous" marks.  I don't recall what the rules are, but 
once they've decide your mark is "famous", then it no longer competes only
in its own line-of-business category; *no one* can register a new mark in 
any category using your word.

Coca-Cola, Sony, and I think Kodak, are the canonical examples of a
famous mark.

  http://www.quizlaw.com/trademarks/what_is_a_famous_trademark.php

Cheers,
-- jra
-- 
Jay R. Ashworth                  Baylink                       jra at baylink.com
Designer                     The Things I Think                       RFC 2100
Ashworth & Associates     http://baylink.pitas.com         2000 Land Rover DII
St Petersburg FL USA      http://photo.imageinc.us             +1 727 647 1274




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