Re: Trademarks, random strings, sharing, reserved words

[Kent Crispin <kent@songbird.com>]

Albert Tramposch allegedly said:
> 
> Michael Dillon wrote:
> >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.
> 
> Unfortunately, this proposal to help trademark owners can become a trademark
> owner's nightmare:  that is, by making the number of spaces to police for
> trademark infringement infinite.

Forgive me, but why is this a problem?  If indeed there are too many 
names to be reasonably policed, isn't that a good argument to a judge 
that "pepsico.sruvsrvll" does *not* constitute meaningful dilution?

There are some realms where it simply isn't worthwhile to police --
trademark owners, even "pepsi", aren't scouring these mail messages
looking for dilution -- at least, I haven't heard from any lawyers
from pepsi yet -- I presume the law doesn't consider this a problem.

-- 
Kent Crispin				"No reason to get excited",
kent@songbird.com,kc@llnl.gov		the thief he kindly spoke...
PGP fingerprint:   5A 16 DA 04 31 33 40 1E  87 DA 29 02 97 A3 46 2F