Return to New TLD Agreements Forum - Message Thread - FAQ

Username: Garry Anderson
Date/Time: Thu, November 29, 2001 at 1:13 PM GMT
Browser: Microsoft Internet Explorer V5.5 using Windows 98
Subject: Please will you answer a few questions?

Message:
 

 
Parkar - I believe no intelligent person would deny that trademarks are a good thing - for both the consumer and for business. We know the basic tenet of trademark law is to protect consumers and trademark owners from confusion in the marketplace. We also know trademarks 'raison d'ętre' is to identify the source of goods or services.

1 - The solution to trademark and domain problem has been ratified by G. Gervaise Davis III, UN WIPO panelist judge, and others. Perhaps you would also be brave enough to put your name to it?

Before starting, I am not advocating removal of other TLDs for trademarks (that would be stupid).

The addition of a new 'restricted' TLD could replace the ® trademark symbol e.g. .REG. This is for same reason, to advise that mark is legally registered and protected by law. It will also protect it from being copied - the same way nobody can get a US Government .gov site.

This restricted TLD, format: name.class.country.reg, would allow all trademarks to use their name on the Internet. Or at the very least - clear all current TM problems. It would eliminate 'consumer confusion', 'trademark conflict' and also stop 'passing off'. Do you not agree that this would make each unique and totally distinctive (as required by TM law)?

So, if the consumer enters apple.com they are redirected to apple.computer.us.reg.

If Apple Records in the UK, using apple.record.uk.reg, later gets apple.tld - when consumer enters apple.tld they could be safely redirected to apple.record.uk.reg - so avoiding any confusion, conflict or passing off problems.

I believe there should also be other restricted domains e.g. .actor - do you agree?

2 - is it right that trademarks should own all words in the dictionary, in an OPEN environment TLD, with priority over people?

If your reply to this is yes - then will that not abridge the rights of people to use these words?

3 - is it right that some trademarks can use their name on the Internet - while others may not?

If your reply to this is yes - then would that not be promoting unfair competition?

My opinions are based on what I have learnt, I obviously defer to your expertise.
 

Link: WIPO.org.uk


Message Thread: