Return to newtlds Forum - Message Thread - FAQ

Username: smckoen
Date/Time: Wed, June 14, 2000 at 10:18 PM GMT
Browser: Microsoft Internet Explorer V5.01 using Windows 95
Score: 5
Subject: No one is going to be happy ... so get rid of gTLDs entirely

Message:
 

 
       
The reason no one is going to be happy at the end of the day is that the fundamental tension in my view is that between existing trade-mark law and the new domain name system.  Existing trade-mark law is nationally based, and in most countries works on an International classification system.  All goods and services are broken down into 42 classes and, grossly oversimplifying, the trade-mark "ABC" could be registered by 42 different people in each country (once in each class).  So, again grossly oversimplifying, each country can theoretically have 42 people with a registered trade-mark for a given word.  It doesn't take long to figure out that no system that is being proposed for gTLDs is going to make 42 people times 200+ (somebody help me out, how many countries are there?) countries happy.  Yet all the holders of trade-marks for "abc" have a legitimate claim to abc.com.

If the TLD system is to truly mesh with trade-mark law, there should be no gTLDs, only ccTLDs, ccTLDs should be broken into 42 SLDs each relating to an International trade-mark class (plus some more for governments, NGOs, educational institutions and other organizations who don't fall into the classification system).  Then a trade-mark owner, say someone who registers ABC for class 42 in Chile, would get "abc.42.cl"  as their domain name (or maybe "abc.misc.cl", since class 42 is the Miscellaneous class under the system).  If they register it in all classes in Chile, maybe then they could get "abc.cl".

Sound awful?  Well maybe it is, but the problem is I haven't heard anyone come up with a better way to reconcile the two systems and guess what: trade-mark law is the law, and you can't change that by having ICANN promulgate some alternate system.  They aren't law-makers.  Until their system actually reflects current trade-mark law you're just going to see a mess of unecessary litigation.

To demonstrate my point, why is it that abc.com is owned by the American Broadcasting Company?  Why do they have any better right to it than the Australian Broadcasting Company?  I would be willing to bet that the American company doesn't have the right to use it in Australia as a trade-mark, and yet if I'm in Australia and punch it into my browser, c'est voila, there is Drew Carey staring at me and you can bet ABC is shopping that show aroung the land of OZ trying to sell it.  Even if ABC has worked out the legalities in this example with licenses etc.  you know that there are many cases where the TM rights of someone are getting smushed by the person who got the .com first.

Get rid of the gTLDs, and save us all some grief.

[The views herein are my own and do not necessarily reflect the views of my employer.]
 


Message Thread:


Privacy Policy | Terms of Service | Cookies Policy