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Re: Who really benefits from 60-day period?



In message <45970110091054/0002082489NA3EM@MCIMAIL.COM>, Albert Tramposch write
s:
>Daniel Kalchev wrote:
>
>>The two remaining types of domain names are confusing. If there is
>>cocacola.tm.bg, which is supposed to mean the cocacola trademark in
>>Bulgaria (eventualy verified by long and expensive procedure with the
>>local trademark or patent office!!!) - then what is cocacola.bg? Why two
>>of those?
>
>Because cocacola.bg might already be owned by someone else (cocacola is a poor
>example, of course, but many trademarks are not as famous or unique).  In
>such a case, the trademark owner could still get a domain name that 
corresponds
>to his trademark in the .tm subspace.

I will intentionaly continue to use the example with the cocacola.TLD domain 
name, just to remind that if it comes to litigation, there is no difference 
who the parties are.

If this is the approach, then can we assume, that because CocaCola applied for 
the cocacola.tm.bg intead of taking legal action against the holder of the 
cocacola.bg domain name, that the holder of the trademark cocacola does not 
intend to further pursue the 'ownership' of the cocacola.bg trademark?

In other words, by definition the .tm.TLD name space is reserved for 
registering trademarks. This would mean, that whoever registers under .tm.TLD 
is not interested in using their domain name for addressing in Internet - 
perhaps not interested to publish an e-mail address of the form: 
info@cocacola.tm.bg. If so, what is the utility of the .tm.TLD address space? 
Yet another directory for registering one's trademark... at the expense of all 
Internet users?

I would like to point out, that such purpose of registration is in conflict 
with the current domain name assignment policies, at least in BG, where domain 
names are assigned for the purposes of addressing, not of trademark protection 
or anything related to it... so far, of course.

In view of my latter comment - has IAHC considered the input of the larger 
number of non-US TLD registries? Have the current procedures worldwide been 
considered, especially in the sense of legal procedures and common practices.

Daniel Kalchev
BG-NIC