Einar Stefferud <[EMAIL PROTECTED]> wrote:
>And, when this reality dawns on [TM interests], they will see that
>more TLDs will in fact solve their problems by providing lots of
>qualifiers and differentiators. How many "qualifier" categories does
>TM law already recognize?
Good question. When I brought up the subject sometime back, the
responses suggested that there were (potentially) hundreds of
thousands of qualifiers. Marks are registered geographically,
according to the type of business, etc.
>Why should DNS have any fewer the TM? Why not lots more?
We have had this discussion before (and never seem to be able to
resolve it). There are serious concerns as to how well DNS will work
with hundreds of thousands of TLDs.
Furthermore, are TLDs exclusive in nature? If so, what happens when a
business expands into another area? Are they forced to move to a more
inclusive TLD (assuming one exists)? Are they forced to register in
multiple TLDs? What happens if their names are in use in the target
TLDs?
What stops TM interests from taking people in any TLD to court? It's
not as if all the "qualifying mark" TLDs will be created
instantaneously. Until enough TLDs are created to sufficiently
qualify a business (assuming that ever happens), there is still a real
concern that TM interests will continue to fight for the names they
want to protect.
I guess I have never really understood the ORSC position on new TLDs,
because it doesn't seem to me that it makes the TM problems go away
for quite some time, if ever.
--gregbo
