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

["KOON SANG LIM" <kslim@singnet.com.sg>]

Dear Benjamin
Yes!  I fully agree with you.  This seems to be a great idea.  The
trademark lawyers can have their field days within .tm and leave the rest
alone!  I have always advocated the separation of trademark issues from the
domain names within the gTLDs.  The idea here to treat the gTLD domain
names as "Nick" names is very neat indeed and yet we give the trademark
lawyers(Finally I realise you have to give them(the lawyers) some thing to
work with) .tm to work with.  Hopefully this will make them sufficiently
happy and can contain the problem and allow us to move on.
Best regards

----------
From: Benjamin Azevedo <benjamin@nome.com>
To: newdom@ar.com
Cc: gtld-discuss@gtld-mou.org
Subject: Domain names x Trademarks conflicts - We need a separated ".tm"
TLD - Ben02
Date: Friday, July 25, 1997 2:08 PM

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
----------