But we already have structured TLDs (org, net, com, ccTLDs) and they don't
seem to matter -- the current dispute policy (and apparently the current
feeling of the intellectual property owners in a lot of cases) is that the
only part that matters is the domain name -- not the TLD it is in nor any
hosts that are in the FQDN. How is adding more gTLDs going to change
anything unless we "fix" what we already have?
On Fri, 5 Feb 1999, Martin B. Schwimmer wrote:
> I hope the rest of you are listening. Sturctured TLDs (or rTLDs as some
> have called them) provide context which can alleviate likelihood of
> confusion. mycarisaporsche.com has a different connotation from
> mycarisaporsche.per or .hobby or .fan.
>
>
> At 06:40 PM 2/4/99 -0500, you wrote:
> >Yes, of course, it all depends on commercial use and likelihood of confusion.
> >It does not depend on the character string. My opinion, below, was based
> on an
> >assumption that it was OK for an innocent porsche enthusiast to use it. In a
> >non-commercial TLD, for example, such as you have advocated.
> >--MM
> >
> >
> >Martin B. Schwimmer wrote:
> >
> >> My opinion is that a domain name "mycarisaporsche" or
> >> >"my-car-is-a-porsche" dot whatever is a perfectly legitimate use of the
> >> word that
> >> >does not infringe porsche's trademark.
> >>
> >> The question would be whether the use of mycarisaporsche creates a
> >> likelihood of confusion or some false connection or endorsement. This will
> >> be a question of law and fact. Currently valid registrations or approved
> >> publications include MY WEEKLY READER, MY PETER RABBIT BOOK SHELF, MY FIRST
> >> SONY, MY EXCEL, MINUTE MAID MY OWN JUICE, WNYC IT's MY STATION, MY SIZE
> >> BARBIE, MY YAHOO and MY FIRST MARVEL, suggesting that people encounter a
> >> MY-formulation as a trademark, and that a MY-formulation will not be per se
> >> non-infringing.
> >>
> >> But you would have to look at how people interpret the use.
> >
> >
> >
> >
> >
>
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