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    A Radical Plan | Log in/Create an Account | Top | 14 comments | Search Discussion
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    Re: Point 5 is correct
    by Grumpy on Thursday April 25 2002, @02:34PM (#5998)
    User #2759 Info
    In some respects I agree... the overall harm of cybersquatting may decrease as more TLDs come on-line. TLD proliferation cannot, however, be reconciled with trademark dilution. Tarnishment of a mark's goodwill, especially in the form of porn/gambling/MLM sites, will continue to grow with each new TLD, requiring trademark owners to take action to resolve the harms.

    I also think that you're going to get more true trademark infringement - companies grabbing DNs matching their competitors' marks - in an expanded space, unless the new TLDs are all restricted TLDs with realistic enforcement of the restrictions.

    Until domain names no longer identify or represent their registrants, there will be trademark issues in the DNS. That's simply not going to happen unless we abolish all existing DNs and convert exclusively to an ENUM-like nomenclature or, better yet, raw IP addresses... which is why the DNS was invented in the first place. Funny how that works.
    - Grumpy
    [ Reply to This | Parent ]
    Re: Point 5 is correct by Grumpy
    Re: Point 5 is correct
    by michael (froomkin@lawUNSPAM.tm) on Friday April 26 2002, @02:24AM (#6012)
    User #4 Info | http://www.discourse.net/
    I don't see why the infringement would be worse. That depends on how names are used. You can do it easily now via site content, and metatags too. So I really don't see this as likely. In any case, the deal under trademark law is that the owner polices; we shouldn't bend other social policies out of shape because the private police don't want that traditional burden. Imagine the arguments that could have been made against the printing press!

    The dilution argument has a bit more heft since arguably that's something the name does itself regardless of site usage. How much, though, depends on what view you take of the view of dilution law, itself somthing of a moving target. I think if we are to have a language to speak in, it must be that internet dilution claims will be limited to *really* famous names; otherwise, add up all the well-known names globally, and our languages have almost nothing left.

    [ Reply to This | Parent ]


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