[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]
Fwd: TM v. DNS
Jim:
The intent of IAHC is to find a way in which the domain name system and the
existing trademark system can work together, not a way to circumvent and nullify
the trademark system, which seems to be the intent of your proposal.
You will find in the coming years that trademark protection will be more and
more important on the Internet, and companies who use the Internet will be glad
that trademark protection is available to provide a stable and secure
location on the net where their goods and services can be advertised and
marketed.
The problem which your proposal addresses -- registry liability in the context
of trademark disputes -- is an important one, and one which the IAHC will
address. But total nullification of the meaning and importance of trademarks on
the Internet (even if it were possible, which it is not) would not be, in my
opinion, a reasonable solution to this problem.
Albert Tramposch
Speaking for myself, not the IAHC
-----------------
Forwarded Message
Date: Thu Nov 21, 1996 12:36 am EST
Source-Date: Wed, 20 Nov 1996 21:12:13 -0800
From: Jim Browning (Internet on MCI)
To: 'iahc-discuss@iahc.org' (Internet on MCI)
Subject: TM v. DNS
Message-Id: 85961121053658/0003765414DC1EM
Source-Msg-Id: <01BBD727.80FD4940@browning2.atmnet.net>
U-Sender: owner-iahc-discuss@imc.org
U-Mime-Version: 1.0
U-Content-Type: TEXT/PLAIN; CHARSET=US-ASCII
Here is an idea (related to monopoly iTLDs) that might be worth exploring.
I'm sure you all will let me know in short order. How about this process:
A. Establish a meta-registry (the organization assigning iTLDs) in a
country which has a First Come First Served trademark policy. I think this
is the case in, for instance, Tunisia? (they turned our application around
in three days)
B. Require the request for an iTLD to be accompanied by a trademark
registration for the requested domain. Continuing with my example, this
would be a Tunisian trademark.
C. Have the meta-registry issue updates to the root servers.
This appears (to this ignorant layman) to give the meta-registry a
reasonably defensible legal position, and a way to avoid having to accept
responsibility for the mediation of disputes. It will have issued root
server data based upon trademarks issued by its own government.
Perhaps there is country with a First Come First Served trademark policy
with better net connectivity than Tunisia (Japan?), and perhaps this is an
approach (requiring TMs from the appropriate country to accompany domain
requests) that could be used for second level domains as well?
--
Jim Browning <jfbb@atmnet.net>