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Username: Domainator
Date/Time: Sat, April 15, 2000 at 7:53 PM GMT
Browser: Microsoft Internet Explorer V5.01 using Windows 98
Score: 5
Subject: .Tm and .Reg is a good idea, but with one BIG problem....


      If they (ICANN) did role out with the .tm and .reg for trademark owners, I think this in orinciple is a good idea...however Trademarks are only good if the company USES the trademark actively...AWE someone who knows a little trademark law....This would create a problem as how would anyone know the company maintained their trademark...Unless we Police this too (Not a good idea..due to time and money..costs).This would create a heavier burden on people who would like a dot tm name, but not sure if the company has a (active) legitimate trademark...Also I can start a business in my own state, then TM it for use in my own state...WHO actually owns the TM then if someone registers it through USP&TO....I don't think ICANN wants to get into any more legal rulings then it has too...A simplified gTLD...such as .art, .firm, .web makes it simplier without more legal intervention..Yes there will have to be legal intervention for those domains that are infringed upon with in the is what the WIPO is for), but with TM and REG your implying that they are the legitamate holders of the domains and are keeping them active--remember you have to use a trademark to hold it..YES you could limit it to only trademark holders upon intital registration, however you then have to make sure they continue to hold the Trademark....NOTE:  I forgot to mention that the USP&TO folks even admit that their online registry of TMs does not include those that are in use but not registered....NOTE further....I can use a TM legally for up to a year without having to register it...I am not purposefully trying to counter your points Freidrcih...but I have studied Patent Law, Trademark Law, and Domain (WIPO) law for that past 5 years...Just for the record...I am not a lawyer, an attorney, a registrar or a representative of any company...Just a very well informed consumer who only wants to keep the information as accurate as possible!  AND as always..if you find fault in my opinions...then PLEASE set me straight...Thanks ICANN once again for this forum...


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