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Username: hrob
Date/Time: Mon, March 5, 2001 at 8:48 AM GMT
Browser: Microsoft Internet Explorer V5.0 using Macintosh
Subject: Sunrise Proposal is Avoiding the Real Problem

Message:
 

 
As Gregory W. Krajewski pointed out, the Sunrise Proposal will not solve the problem
of fairly assigning trademarks.  I have done a fairly small amount of trademark
searching to start a few businesses and even with that limited level of involvement, I
can tell you that there are many, many cases of the same name being registered in
different business categories.

If you really want to fix the trademark problem, the solution has to be integrated
into the existing legal and political infrastructure.  Creating anything "new" is just
going to lead to a legal nightmare (sooner or later).

One scheme for accomodating existing structure is to use the top four domain levels
as follows:

    mark.category.country.tmk

Using my trademark as an example, that would be "CurbsideRecording.ent.us.tmk". 
Why?  Because each country has their own trademarks and each trademark office
assigns trademarks to different industry groups that don't compete with each other. 
The TLD for all trademarks would be "tmk".  The next level would be the existing
country code.  The category and mark would be assigned by that country's existing
trademark authority.

This would be the easiest TLD ICANN will ever assign (no contracts, no fights over
who administrates it, just one quick delegation) and it would solve a really knotty
problem.

I have no vested interest in this (other than possibly to avoid being sued by
somebody who registers my trademark in another country or under another business
category in the US).

 


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