ICANN to allow commercial gTLDs
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,
> 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.
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
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
More information about the NANOG