At 12:07 PM 1/4/99 -0800, Karl Auerbach wrote:
>
>> The problem, as I see it, is that we are getting confused between top level
>> and second level names. ICANN has no authority over second level names,
>> IMHO. That is for the top level to decide. It is even arguable that ICANN
>> has authority over the top level, beyond obvious name conflicts.
>
>I would suggest otherwise -- a trade/service mark appearing at any level
>of a DNS name would be objectionable to a mark purist.
According to a mark purist, I couldn't even use my own last name because it
has been trademarked for use in cookware. Understandably, I discount such
mark purists accordingly.
Similarly, since, accroding to charter, COM and NET are different domains
they are different entities and purposes. However, in this discussion, I am
begining to realise the reason that that there are objections to
"chartered" TLDs. Having and specific and enforced charter for a TLD would
eliminate most of the grounds that the trademark interests argue from. For
example, a TLD for COOKWARE manufacturers could include MEYER.COOKWARE only
if it were the MEYER cookware company. However, they would stand reduced
chance of killing off MEYER.INDUSTRIALS because the charter narrowly
specified the use of the TLD, perhaps to not include cookware
manufacturers. Similarly, and real-world, MHSC.ORG is different from
MHSC.NET and MHSC.COM because the TLD charters, although not well enforced
or completely eroded, narrowly specifies them as being quite different.
It is the lack of well-enforced charters that creates this problem in the
first place.
___________________________________________________
Roeland M.J. Meyer -
e-mail: mailto:[EMAIL PROTECTED]
Internet phone: hawk.lvrmr.mhsc.com
Personal web pages: http://staff.mhsc.com/~rmeyer
Company web-site: http://www.mhsc.com
___________________________________________________
I hold it, that a little rebellion, now and then, is a good thing...
-- Thomas Jefferson
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