>But I tried to make it more attractive for trademarkholders, who do no want to register
mybiz.us.42.reg, because it is difficult to remember.I had in mind domino.pizza.us.reg
- I will now explain why this can be the only LAWFUL answer. To make it LAWFUL can
be the ONLY concideration.
**********************************************************************
IMPORTANT
INFORMATION
What the TM holders WANT does not come into it. You cannot ignore speed
limits to get to an appointment on time. You cannot ignore any laws, because you
do not like them.
The law they are ignoring at the moment is this - Misuse of trademark
for anti-competitive purposes.
They are using their trademark so that it achieves
dominance with that name.
**********************************************************************
>Creating
42 or more restricted gtlds gives them a fair chance to register in a first come-first
serve way. So the first 42 trademark-holders of the same word could just register
it whithout any extension in any of the 42 new gtlds or their open counterparts.
They get: mybiz.reg, mybiz.biz, mybiz.rbiz, mybiz.show, mybiz.rshow, ...
This does
not solve this problem: Let us look at worse case scenario. In each country there
may be 42 companies with same name in different class - multiplied by 200 countries.
This gives 8400 potential same name. 8400 - .com, .net, .org, and 200 ccTLDs = 8197
unable to use their name.
>If there are more than 42 trademark-holders of the same
word they get a legal right to obtain the same gtld-name by adding the country code
to it. They get: mybiz.reg/us, mybiz.rbiz/us, mybiz.rshow/us, ...
This would mean
200 countries would share mybiz.r(class)/us - I can not see them going for it - the
r is ambiguous, reg is better tag.
>In the registered area each company may only
register one domain name per each trademark. This gives every trademark-holder a
fair chance.
Still does not let them all register.
>Omitting the classes just
makes the domain name easier to remember for custumers and therefore more interesting
for trademark-holders to register. And: As everybode else, they are allowed to register
in the non-restricted area, too.
Omitting the class would cause consumer confusion
(not allowed in TM law)- who owns domino.reg.us (or any of your variations)?
>That's
what my intention is all about. I did NOT doubt the correctness of your proposel
at all, though.
I could see your good intentions. I also WISH they could have a
nice pretty short name, but to comply with trademark law - it just is not possible.
I
have been very lucky getting this proposal validated by a IP & TM Attorney and also
Mr. G. Gervaise Davis III, WIPO Panelist Judge.
As said all along - I do not claim
this is my idea. I have just discovered what ICANN & WIPO MUST LOGICALLY HAVE KNOW
ALL ALONG.
There is absolutely no reason why they cannot use short names for ADVERTISING
(look at all the wierd ads out their) - in which case one of your good short solutions,
I believe, would be well suited to many (not that they are wierd in any way) :-)