Re: Trademark confusion

[Jeff Williams <jwkckid1@ix.netcom.com>]

Michael and all,

Michael Dillon wrote:

> On Sun, 26 Jul 1998, Mikael Pawlo wrote:
>
> > 1. Famous trademarks in gTLDs
> > 2. Famous trademarks in ccTLDs (also known as nTLDs)
> > 3. Not-famous trademarks in gTLDs
> > 4. Not-famous trademarks in ccTLDs (also known as nTLDs)
> > 5. Cyber-pirates (yet to be defined)
> > 6. CTM, Madrid Agreement and internationally protected trademarks
> > 7. Future considerations due to technical changes of Internet addressing
> >
> > I would like to hear on what points you think that IANA should play a
> > role and how such a role would be defined.
>
> IAN should only be concerned with 5 and 7. By ensuring that domain name
> registries must receive payment in advance for registering domain names,
> they can reduce cyberpiracy.

  The IANA or the nIANA should only be acting in an advisory capacity as
outlined
in the White paper.  Nothing more.

> And IANA, through the IETF, must be the
> central authority overseeing the technical deliberations about Internet
> naming and Internet addressing.

  This is just the status currently.  Under the new non-profit corporation these

responsibilities may be shared with other standards organizations other than the
IETF
and the IANA or the nIANA will be acting in an advisory capacity only.  Not as
a governing body or bodies necessarily.  THis should fall under the
responsibilities
of the Names Council and the IP addressing council as appropriate.

> The other items really should not fall
> under IANA at all and are more properly dealt with by WIPO, the courts and
> national governments since trademarks are a right bestowed upon certain
> entities by national laws and international treaties between governments.

  WIPO may or may not be one of the arbitration/mediation organizations involved

depending on what the relevant committees determine and the policies that may
be decided upon or recommended by those relevant committees.

> The closest that IANA should get to this issue is to ensure that domain
> name owners agree to not involve the name registries or IANA in their
> disputes, whatever the reason for those disputes may be.

  Agreed.  We agree because in accordance with the White Paper the IANA
or the nIANA will be acting in an advisory capacity only.

>
>
> --
> Michael Dillon                 -               Internet & ISP Consulting
> Memra Communications Inc.      -               E-mail: michael@memra.com
> Check the website for my Internet World articles -  http://www.memra.com
>
>

Regards,

--
Jeffrey A. Williams
DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail jwkckid1@ix.netcom.com