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NewTLDs : The Long and Winding Road
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The case for a designated TLD for Trademarked names deserves some consideration. If .reg or some similar TLD was introduced, and strict verification was required, then this TLD could become the official 'safe place' for the identification of Intellectual Property.
Beyond that, I believe the IP community should leave DNS alone (but use normal legal redress where necessary). Many Trademarked names are part of everyone's language - many generic names - and I find it unacceptable that swathes of my language can get hijacked (say in a Sunrise process)when our language should be available for everyone to use.
Moreover, as hundreds of TLDs are finally introduced, the whole idea of IP protection becomes problematical - because what are small businesses going to do? Pay for their protected name in every single TLD?
ICANN has elevated the interests of the IP community above the interests of millions of ordinary users.
The place for challenging abusive websites is in the courts. The DNS (and hundreds of key words from the dictionary) should not be 'annexed' to the IP community.
So I press the case for a .reg TLD or a similar designated registry.
Richard Henderson
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Re:Quantitative Methods of TLD Evaluation
by Richard_Henderson
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Having a single TLD designated for TM is also problematical since there can be only one instance of that character string. If you check TMs on words like SUN, you find numerous registrations and applications. Trademarks in the DNS is just not a workable concept.
You comment that having IP in hundreds of TLDs is problematical. I see it the other way. It reduces the importance of TM in the DNS since it would be foolish to have defensive registrations in every TLD and would totally negate the necessity of doing so.
Let's consider the premise that TM doesn't belong in the DNS, then consider a thousand TLDs. Just as we have had to adapt in using telephone numbers with an increasing number of digits to accommodate more and more area codes, we will adjust to having numerous TLD extensions for repeated use of a character string. The phone number 4300 is available in every area code. 624-4300 is probably available in many area codes. Add country codes and it expands further. We associate a phone number with a name but must include either area code or country code or both. The same may be true of domain names in the future. We'll adapt to it.
As you say, if there is abuse of a trademark, it involves content and context and there is redress for that abuse. It shouldn't be in the context of the DNS.
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