Re: Domain names x Trademarks conflicts - We need a separated ".tm" TLD - Ben02

[John Charles Broomfield <jbroom@outremer.com>]

A few points again (maybe a suggestion of going back and improving your
investigation would be good?)...
First, international trademark law, where it is not non-existant is very
sloppy,
hence the efforts that the gTLD-MoU has put in this area. Time will
tell how it fairs, but at least it's a serious try.

>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

With these great suggestions, I think you have credited yourself enough.
a) ".tm" already exists. It's the ISO-TLD for turkmenistan.
b) ".35" would be a numerical TLD. Go check out the problems for those.
c) ".us" is *not* organised as you'd like it (though maybe that wouldn't
be a bad idea).
The questions that I have now for you are:
-are you proposing a whole new DNS structure (ie, throw out what's
currently there and implement your idea)?
-are you trying to implement a method to add in gTLDs?
-are you proposing changes to ISO-TLDs? If so, are you suggesting
 some "mandate" that they would all have to respect? If so, how would
 you go about implementing it? With all due respect, I think you'd
 have a hard time telling China how to run ".cn".

(...)
>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 !

Ever stopped to think that trademark law, and trademark registration
differs widely from country to country?
I believe that WIPO has been trying for many years to handle the nightmare
of world trademarks, and being generous one could say that they're still
trying... yet you pretend to apply a global trademark unity (which is non
existant) onto internet dns. I think I'll just wait until that global
unity is achieved before going along with your proposal...

(...)
>© 1997, Benjamin Azevedo

You can keep it. (if you can manage to retain your copyRIGHTS in each
country).

Yours, John Broomfield.