Trademark issue

[Leonid Egoshin <egoshin@genesyslab.com>]

    Hi,

here is short comments on IAHC draft about trademark issue.


1.  In draft there is NOT clear legal way of registration
    name under gTLD. And due to it:

       - in case then practice  restrict registration of
	 Trade Mark names if anybody already exist with the
	 same rights (for exam from another country) ==>
	 ==> name sales could be continued by registration TM
	 in some small country.

       - in case then practice  use FCFS for the same TM name
	 ==> there is potential legal conflicts in some countries.
	 And probably it can draw the legal RESTRICTION for
	 using some TM name in some country. It could be a way
	 for conversion gTLDs to national TLDs on the base of
	 REPOSITORY country ...


2.   TM.<iso-country-name> domains.

     There is not specification for general rules of domain formation
     in US-like TM rules (then there are multiply TM owners in
     different business sectors). The absence of it will diminish
     the value of TM names in this special domains - it is difficult
     to create some search engine under this condition. And TM owners
     would wish to use some another way to protect their rights -
     - lets remind that TM name has sense in search and recognition !


3.   An existence of some DBs of TMs and its owners in countries
     has sense. But it has small value for TM owners in comparison
     with current DNS. For simple and effective search it is need to have:

       -  common specifications for search in all TM DBs
	 (it is need to create single search for all countries),
       -  common API for using it from any programs,
       -  distributive and well-known DBs for relayability and readiness.

	       (looks like DNS, isn't it ?)


- Leonid Yegoshin, LY22


P.S.  In my strong opinion there is low chance to resolve
      this problems without change the DNS face. But current
      IAHC draft try to find decision by manipulation of TLDs only.