Comment Regarding Trademark Challenges

["Michael D. Palage" <Michael@xxxxxxxxxx>]

I would like to submit the following comments regarding potential
trademark challenges.

Through out the new TLD policy process I have personally advocated the
need to model any trademark challenge process after the existing UDRP. I
continue to support this point. The question that I have recently been
contemplating is what obligations will/should appear in the final
registry agreement to make sure that the original intended use of a new
TLD does not evolve to the point where it may give rise to potential
trademark violations.

Over the years, history has shown that rarely does a registry's business
plan/strategy go unchanged, and ICANN has shown a preference towards
allowing registries to try new things, since the potential alternative
(business failure) is not a preferred solution.  The question I am
posing is at what time in the evolution of a registry's business plan
does potential trademark issues arise that did not exist when the
application was originally submitted?

Let me be clear I am not proposing a system where some creative
individual should be able to run and get a Benelux trademark and then
try to interfere with the operation of a TLD, potentially creating a
negative impact on the Internet's stable and secure operation.  However,
I am raising this question because I do see the real possibility of
these types of challenges arising and to date the new TLD policy work
has focused exclusively on an analysis at the time of registration.

I do not have a specific recommendation on how to address this situation
at this time, however, I felt compelled to raise this issue which to my
knowledge has never been raised previously.

Sincerely,

Michael D. Palage