Re: We need a separated ".tm" Yes Yes Finally

[Rex Barnes <hvacr@azdigital.com>]

This is the best idea Ive seen so far!
Its fair.


> Domain names x Trademarks conflicts - We need a separated ".tm" TLD -
> Ben02
> 
> Legal expenses related to increasingly frequent disputes are one of the
> excuses for high registration prices. Besides this, disputes are by
> themselves a loose/loose game.
> 
> A lot of discussion has been held about this type of disputes and it
> seems that the best understanding is *not* to relate domain names and
> trademarks.  Exception valid only if the *use* of name coincidence by
> domain owner is clearly "unfair".
> 
> Suggestion to almost avoid this kind of dispute is to establish a ".tm"
> TLD, an already suggested addition, that could be controlled by WIPO.
> 
> To be complete ".tm" TLD would have under itself, country and class
> specific domains, to reflect those marks that are registered under
> certain classes only, or only within certain country.
> 
> To clearly state it, we could have something like:
> 
> Any-Mark.tm               Any-Mark as a worldwide recognized mark
> Any-Mark.tm.us            Any-Mark as a mark recognized in US
> Any-Mark.tm.35            Any-Mark as a mark recognized under class 35
> Any-Mark.tm.us.35       Any-Mark as a mark recognized in US under class
> 35
> 
> Only would get listed in ".tm" TLD those recognized marks at
> corresponding level.
> Any dispute will be held within appropriate intellectual property
> instances.
> 
> In order to eliminate conflict as much as possible, it should be
> established, as a mandatory requirement for registration under ".tm" TLD,
> the recognition by the registrant that generic TLD are simple "nicknames"
> and also the fact that its mere coincidence with a trademark would not
> constitute any violation.
> Violations would arise only if the *use* of the domain name configure an
> *abuse*, with decisions determining not to put domain on hold or
> transferring its registration, but whether or not this specific use may
> be accepted or not.
> 
> Price for registration under this ".tm" TLD might well be included in
> trademark registration cost.
> As a positive side effect we get a very simple Trademark checking
> directory on Internet !
> 
> To have this fully operational  I suggest that domains registered under
> this TLD remain using also their "nicknames" in generic TLD space.
> Eventually both may point to the same IP or URL.
> 
>                                                  © 1997, Benjamin Azevedo