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Re: Who really benefits from 60-day period?

On Jan 8, 17:24, Carl Oppedahl wrote:

> 1.  IAHC proposal in place.  Covetous trademark owner awakens to the
> Internet, tries to grab a domain name that is a couple of years old.  Judge
> laughs the trademark owner out of court, pointing out that the trademark
> owner hasn't offered any good excuse why it didn't speak up during the
> 60-day period.

You failed to mention "which court". Will courts worldwide know about
this 60-day period thing ? What if it goes the other way and the court dismisses
the 60-day period ? Assuming the trademark is indeed a registered trademark,
fullfilling all of the requirements for such a thing, I do not see why
it would have no right to the Internet name because it failed to complain
about it for 60 days.

This 60 day period is just making things so complicated.

Okay, let me make a suggestion to protect the initial domain name owner
(your aim), while allowing trademark owners to play around with their
trademarks on the Internet:

In line with some of the IAHC recommendations, why do we not confine this
60 day period for registration to the .tm.int , or the respective
.tm.<iso3166> domains ? We'll end-up with a very stable hierarchy of
trademark addresses. At the same time, there should be no 60-day period for
registration of domains under other gTLDs, thus keeping in line with the
fast-changing nature and evolution of the Internet.
Ad to this, an (official) suggestion by the IAHC that trademark issues 
cannot be addressed under gTLDs other than .tm.int and .tm.<iso3166>.

Could that work ? My fear is that trademark issues are a can of worms
(look at the amount of mail it has generated in this small discussion
group) and we should try and confine this can of worms to one top level
domain.


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