Re: Trademark subdomain already implemented in France (Was:

[Elisabeth PORTENEUVE <Elisabeth.PORTENEUVE@cetp.ipsl.fr>]

> From owner-iahc-discuss@mail.proper.com Tue Nov 19 23:49:52 1996
> From: "Joseph A. Falejczyk" <joe@spiderweb.com>
> To: iahc-discuss@iahc.org, joe@spiderweb.com,
>         Leonid Egoshin <egoshin@genesyslab.com>
> Date: Tue, 19 Nov 1996 14:37:33 +0000
> Subject: Re: Trademark subdomain already implemented in France (Was:
> 
> > >> > Since tradenames seem to exist within a
> > >> > governmental framework, a specific iTLD
> > >> > can be created to reflect this fact. For
> > >> > example, .tn.fr and .tn.usa can be created
> > >> > for tradenames in France and the USA.
> > >> >
> > >> > It might also be a good idea to create
> > >> > .rtm for registered trademark.
> > >> 
> > >And suppose for a moment that my trademark is-
> > >
> > >"mydomain.com"
> > >
> >     Yes, sir, I do it. But what about court if somebody come and exhibit
> > his rights on this name as tradmark owner in your area ?
> > 
> 
> I own a federal trademark in this case. If he is in my area doing the 
> same kind of business I am, he better have a lawyer.
> 

This is very well said:
     - "I own a [...] trademark"
     - "in my area", i.e. geography
     - "kind of business"
All leads to something like:
     "kind of business"."trademark"."geography"
or maybe better:
     "trademark".geography"."kind of business"

At INET'96 in Montreal we had american lawyers conclusion
about trademarks and trademarks on the Internet, something like this:
     - trademark law on international basis conflict between 
       countries on the way trademarks are registered
     - there is NOT international databasis registration for trademarks
     - there is NOT international trademark court to make a judgement
     - we have to find a way to have our common culture respected

In addition I would say that the Internet commerce will have
one way or another "quality labels".
The day I need to buy underwears for all family on the Internet 
I would first try to reach any search engine for "underwears", 
then had a look on quality comparative study, then value for price,
the street address, and at the end I may submit my commercial order.
*But* I will send my order if and only if the home page of choosen 
reseller indicate me that he is regular one, i.e. registered to 
some kind of business registry well controlled. There is no way 
I send my money otherwise, trademark or not. I have allways a 
choice to go to the traditional shopping center.

For me the Internet competition vs town shops is here: on the Internet
the customer will be able to have a look on some comparative study before 
ordering, because he can do a search from his home armchair,
without loosing time and money on transportation and parking lots.
In this scenario domain name of reseller is absolutely secondary,
the important one is his street address, trusted comparative study 
and well controlled business registry.

But I may be wrong.

Amicalement,
Elisabeth Porteneuve