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

[Benjamin Azevedo <benjamin@nome.com>]

John Charles Broomfield wrote:
> 
> A few points again (maybe a suggestion of going back and improving your
> investigation would be good?)...

The idea is to improve it by open discussion

> 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.

As stated in original message, *this* is not credited to myself
Quote (from original message):
   "Suggestion to almost avoid this kind of dispute is to establish a ".tm"
    TLD, AN ALREADY SUGGESTED ADDITION, that could be controlled by WIPO."
End quote

> a) ".tm" already exists. It's the ISO-TLD for turkmenistan.

It might be established a new name for either one.
For now it makes discussion clearer, and makes easier association with "trademarks"
What comes up in our mind when we read  "tm" ?
TLD name might by any other, like ".tms", ".trm", etc, if we don't like ".tm"

> b) ".35" would be a numerical TLD. Go check out the problems for those.Again the name itself is not important.
Might well be  ".C35" or ".Class35"
For now it's just a way to clearly state the concept

> c) ".us" is *not* organised as you'd like it (though maybe that wouldn't
> be a bad idea).If you go to see many countries' TLDs domains you know we'll see surpringly singularities
Including direct domain name hook to country TLD, no grouping at all.

> 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)?

Absolutely NO. That would be a VERY BAD and UNFEASABLE idea.
The proposal is exactly contrary to that:
    USE *EXACTLY* THE CURRENT STRUCTURE, BUT IN A WAY THAT HELPS ORGANIZE THINGS
For instance, addition of ".tm" TLD (or any other name it would get) is like any other 
TLD proposed addition.
The *difference* is that this TLD has a special purpose and addresses a very common issue 
that is effectively disturbing other parties.
Doing this *trademark coflicts" would have their own "internet arena"
Possible conflicts would be help by multiple trademark candidates (as they already do 
now) and will affect only those parties.

> -are you trying to implement a method to add in gTLDs?Yes and No.  and Yes.
Yes: I am proposing an auction like method to add a new gTLD 
     (see "Waiting for Santa Claus - Privatize but CHARGE registrar for it"  tread)
No:  For ".tm" TLD I am proposing the addition of it as all other proposals.
     The only difference is that uniqueness would not be based on first-come first-serve 
basis, but rather based on *trademark comunity* precedence criterias

Yes: I am releasing ideas one at a time, but a have other suggested additions.
     Like the ".tm" TLD, with a sense behind it.

> -are you proposing changes to ISO-TLDs? If so, are you suggestingNot necessarily.
For instance we might change the ISO-3166 ".tm" or let it and suggest a new 
name for the "trademark TLD"

>  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".
> How do they run their trademarks?
If they don't rule it, they will not mind about this.
The idea is just to provide a MODEL of organizing trademarks on Internet
I would not pretend to mandate it.
If idea is good and workable, "trademark comunity" should take it and implement in their 
own benefit.
I think that this is the correct reading: ".tm" is a hint to "trademark comunity" that 
provides them a tool with many strengths in their routine work.
Uniqueness of names and easy queries are example of immediate benefits.
Less conflicts with the rest of us is just a side benefit.

> (...)
> >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?Each country may adopt or not this suggestion
For those that adopt, bonus gifts are those above mentioned.

> 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...I think that the proposed tool might be useful for them to achieve their objectives.
I would not pretend to decide any trademark nightmare.
But as long as they have decided by themselves, they might record their decision also on 
a TLD like this.

They could even link these TLD with an infrmative page stating who is the trademark 
owner, address, etc.
In this standard page, there could be a hyperlink to related site(s)
> 
> (...)

> 
> Yours, John Broomfield.


Thank you John for the intigating points.

I think that your objections helped me to clarify points I did not state perfectly before

Believe me, all the controversial that might arise from those proposals has the sole 
objective of help constructing a more workable structure.

And accept you all my appologies for any imprecision.
I am extending conceptual proposals far behyond my personal experience
Just trying to apply common sense as a way to solutions

Benjamin Azevedo