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.