I think that the solution adopted by IOD is the best
(it's the same adopted by
NSI for .com).Cocacola, Kodak and so on will claim for cocacola.web
and kodak.web
, they will get it and that's all:
The TM problem is solved.
To reserve TM domains
during a "Sunrise Period" means to CREATE a
NEW BIG PROBLEM because common words
will be taken (and sacked)
with the pretext of the TM - but common words should
NOT
be considered TM: if they are, they are FIRSTLY ordinary words,
and SECONDLY
trademarks.
Their case is different from cocacola or kodak: these ones
are
ONLY trademarks (they are not ordinary words also).
Fabrizio Coppola
Italy
--->
Common sense suggests to me that if you can trademark a commonly
used mark, like a number or an ordinary word, then the use of a mark is often what
defines the boundary of protection afforded by the trademark. What a mess we will
have if ordinary words and numbers are assigned during a sunrise period. Then,
how many different secondary LDs should you be allowed to register with your trademark?
Should someone with a trademark using the number "6" be allowed to register a secondary
LD with all the different registries? Why shouldn't someone be able to register
and begin to use their secondary LD on line as a demonstration of the mark's use
before they put in the trademark application? More lawsuits and costs to ICANN
and society will evolve from imposing a sunrise period than if we simply allow UDRP
and the courts to handle the situation as they are currently doing. Vote against
the sunrise period.