Re: Domain names x Trademarks conflicts - We need a separated...

[ivo essenberg <esseni@smtpgate.adm.intelsat.int>]

Benjamin,

2 questions here ....

> 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.

Will this affect the way in which parties in the US get sued for dilution of 
trademarks? Probably not, as a domain name could still contain a trademark. 
I do not think Microsoft will agree to limit itself to
	microsoft.tdm (or whatever the name of the tld would be)
and let other people use
	microsoft.xxx, microsoft.org, microsoft.info
They would still sue for trademark dilution (except if one of these domains 
was owned by the Swiss Microsoft company which makes mattress or something 
like that).

> 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

How do you rank trademarks? Does a US Federal trademark come before a 
trademark registered in the Benelux (one of the few real international 
trademarks, a Benelux trademark is valid in 3 countries, the Netherlands, 
Belgium and Luxemburg, these countries having a joint trademark registry)? 
Does a US State trademark rank about a US Federal trademark? What about 
companies that do not have a trademark but having been trading under the 
same name for 100+ years?

IMHO, if you want to use trademark classification, you need to do it at 
country level, not at international level. WIPO has been trying for more 
than 120 years to establish an international system. As of yet, it does NOT 
exist.

Creating a .tm space will not solve the problem. As David Maher can probably 
tell you better than me, there are 9 companies in the US who have a 
trademark on the name "Genesis", all operating in the trademark class 
relating to computers. Are you going to create sub-categories for them? This 
would imply creating one HUGE tree for the thousands of subcategories and 
possible differences between countries.

These are just some of the objections to creating a .tm space. If you have 
any solution for them, please, let us know. Everybody on the lists will be 
more than willing to listen to good proposals.

Kind regards,

Ivo Essenberg

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Advanced Programs & Systems
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e-mail:	ivo.essenberg@intelsat.int
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Disclaimer: Speaking for myself and not for my company, and purely out of 
self-interest.