Re: Trademarks, random strings, sharing, reserved words

[Michael Dillon <michael@memra.com>]

On Mon, 23 Dec 1996, Dave Crocker wrote:

> >A random string in a domain name is simply not acceptable at all.

> 	Take a requirement to give every mark holder a domain name that
> contains the string used in the mark.  How do you propose to satisfy it?

By ensuring that the namespace is so close to infinite that no mark
holder can hope to monopolize all domain names containing their mark.
This is one of the reasons I have strongly urged the IAHC to create
gTLD's in which the policy is to only delegate domain names at the third
level such as .ALT, .CAT, .MARCA, .POST, .BIZ and others. If you create 7
gTLD's
that operate like .COM then there is only room for 7 holders of the same
mark to register their mark as a domain. And it is simplicity for a single
holder of the mark to register all 7 possibilities.

However, if you create the .ALT gTLD under the 3LD registration rules that
I have proposed it is simply impossible for any mark holder to lock out
other companies who have the same mark because the namespace begins to
approach infinity. That's because in the .ALT proposal no one can gain
exclusive use of an SLD and a particular string could be used at the third
level in a very large number of SLD's.

> What is a scheme that will always ensure that -- whatever is going on
> elsewhere in domain name space -- there is a domain name for them that
> contains their string?

I would go one step further here and in addition to the free-for-all of
.ALT I would have another gTLD that is specifically for businesses to
register 3LD's. Let's call it .TYPE for now. This gTLD would have some
sort of more formal petitioning process to create new SLD's rather than
the .ALT free-for-all and the SLD's would be required to represent some
sort of business classification. It should be sufficient justification for
a new SLD in .TYPE to meet these two criteria: 

   1. The proposed SLD string must be found in an existing business name
      and must represent the type of business. Even if there is already
      a RESTAURANT.TYPE SLD it is sufficient justification for a
      RESTAURANTS.TYPE SLD to show that one company has the word
      "Restaurants" in their name. And language is irrelevant so if
      there is an AUTOMOBILE.TYPE SLD that shouldn't stop Tofas
      from registering TOFAS.OTOMOBIL.TYPE or even DOGAN.OTOMOBIL.TYPE
     
   2. The petitioner must present an email message signed by the 
      administrative contacts of at least 20 existing 3LD domain names
      registered in .TYPE.

In reality I think .BIZ would be a more appropriate TLD string to use for 
this sort of policy. And although the policy encourages companies to
register based on their corporate name, i.e. MEMRA.SOFTWARE.BIZ I don't
think it should be a hard and fast requirement. For instance I might
rather register MEMRA.NETWORK.BIZ and take my chances on creating
awareness of that domain.

If you have ever read the last book in the DUNE series, "Chapterhouse
Dune" by Frank Herbert, you will understand what I am trying to accomplish
by pushing the DNS to the point where everyone has nearly an infinite
number of reasonable domain name choices that they could register. It 
pushes the DNS to a state where the namespace is beyond control. This is 
good because then nobody will try to control it.

Michael Dillon                   -               Internet & ISP Consulting
Memra Software Inc.              -                  Fax: +1-604-546-3049
http://www.memra.com             -               E-mail: michael@memra.com