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Comments about Trade Marks and other comments

  • To: <draft-eoi-model@xxxxxxxxx>
  • Subject: Comments about Trade Marks and other comments
  • From: "Top Level Domain Consulting" <info@xxxxxxx>
  • Date: Wed, 27 Jan 2010 17:30:12 +0100



I have noticed that not everyone supports new TLDs.

And I would like to comment some other comments.


Table of Contents


1. Privacy of Applicants

2. Trade Marks

3. Unsuccessful TLD


1. Privacy of Applicants


I support the idea that the identity of applications should be made public.

And that applicants should not hide behind special purpose vehicles,
consulting companies or other firms.


2. Trade Marks


The industry which mainly objects new TLDs are trade mark owners and their
industry associations.


I think that we must respect the views and concerns of this industry, but we
should not grant these industry the right to prevent further internet
developments in the name space.


There is a bigger thread to the internet than violations of trade marks,

the development of parallel DNS Systems and parallel internets!


For the internet, we have got ICANN to keep an eye on it.

What instruments do we have for the competitors of the internet?


I suggest that the industry does not oppose new TLD anymore, and contributes
to suggestions for improvement.


TLDs are about the Domain Name System, not about http / world wide web.

Breaches of trade mark rights usually occur on the web sites by the content


To address the issues of intellectual property I would propose that we
develop http further.

http 1.1 is in place since June 1999, maybe it's time to work on http 1.2.


This here is about the EoI and DNS, not about http.


I would like to suggest, that the international trademark association
registers their own

TLD e.g. itma.

All commercial and non-commercial trademarks will be uploaded to this DNS.


It would be the job of the international trademark association to work out a
solution for

conflicts and provide an instrument to challenge a trademark.



If someone wants to register a new domain like www.my-TRADEMARK-shop.tld

Then the Registrar checks (Regular Expressions) if the new domain might
contain a trade mark in it.


If so, the registerer must enter an approval code - which he could
obtain/buy from the trade mark owner.

If the approval code is correct, then the new domain is registered.

If not it is rejected.


The registrar could use web services to communicate with itma or maintain a
copy of itma.

The registerer could also use web service to communicate with the registrar.


At some TLDs the domain must be re-newed annually or every two years.

The time of renewal could be uses to check if the domain is still approved
or sill not a violation of a trademark.


This would also be an opportunity for the rest of the world to find out
weather a String has already been registered somewhere as trademark or not.


3. Unsuccessful TLD


There was one comment, about TLDs which did not gain as much attraction has
the commentator expected.

I think if a TLD works, or works not depends on the concept and marketing
behind the TLD registerer.


It is not the job of ICANN to market TLDs.


TLDs are not designed as a big business for registrars and hosting


The internet is " a heap of servers" connected with each other.

And we all know, that a number of commercial networks did shut down in the
last 15 years.


Lets add value to the internet, lets add additional services to the

There is space for more than http, ftp, pop3 and imap.

New TLDs will make it easier to develop and use new application protocols.


Nobody says, that a domain must cost between 2 and 20 USD per year.

Why not spend a flat fee on the TLD, with individual domains being free?


The MIC TLD (market identification code) would consists of only a few
hundred domains,

But it adds value to millions of shareholders. It reduces the risk of stock
exchange fraud.





In general I do not see any shortages in available domains.

There are plenty of unused domains out there.


Sample from personal experiences:


What I noticed is, that if I do not renew a domain,

then the registrar does not release the domain to freedom,

but waits for someone else to register it.

Jungbauer.com was my domain - 10 years ago.

If the domain were released to freedom, I would register it.

Now it is one of many available for sell domains.


I do see the need for new TLDs to implement some new concepts on the

Therefore I still support the EoI even if there are some opposing opinions
out there.


If anyone maintains a list of powerful opposing organizations, please tell

I would like to turn an opponent into a supporter.


I do propose that opposing groups and organizations do oppose individual
TLDs, but not the entire process.


With kind regards





Top Level Domain Consulting

Matthias Jungbauer


75031 Eppingen




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