Mr. Cerf has identified the essential quality of two different systems
(with different purposes) and correctly observed that there is a
fundamental conflict in that domain names require only uniqueness (defined
as identity) for the DNS to achieve its intended purpose of designating IP
hosts while the trademark system requires uniqueness (defined as identity
plus a penumbra of similarity), for it to achieve its purpose of
designating sources of origin of goods and services.
When "TM Interests" "equate" DNs and TMs (I use quotes to indicate I don't
endorse that phrasing) I don't believe that, if they thought about it, they
would disagree that the DNS system and the TM system are different systems
with different purposes.
Nevertheless, at least in the context of commercially oriented web usage,
the rise of the amazon.coms, marketwatch.coms, ebay.coms, etc., illustrates
that the market has voted to equate domain names as used with trading names
and trademarks. Thus the conflict and the oddity of TM lawyers and techies
have these discussions on the IFWP list.
Mr. Cerf did not state and I don't know if he believes that the conflict is
unresolvable.
The conflict can be ameliorated at least through through various tweakings
of both the DNS and the TM system (and in the behavior of DN and TM
owners). Such tweaking may or may not include changes to registration
requirements, improved (or scrapped) dispute resolution techniques and the
addition of TLDs (and greater recognition of the use of domain names as a
source of protectable TM rights). I would hope that Mr. Cerf at a minimum
would endorse efforts to harmonize TMs and DNs and I look forward to
learning his views on these topics.
Marty Schwimmer
At 10:00 AM 2/9/99 -0800, you wrote:
>I'm just tossing this to start things off. It addresses the fundamental
>issue wrt trademarks. It is an insight that I think we can all agree with
>at some level. Much of the disagreements between the two drafts are on
>trademark issues. I feel that it is long past time to resolve them, or
>admit that it is an intractable problem.
>
>=====================================================
>>Date: Sun, 07 Feb 1999 16:35:20 -0500
>>From: "vinton g. cerf" <[EMAIL PROTECTED]>
>>Subject: Re: spam issue revisited
>>X-Sender: [EMAIL PROTECTED]
>>To: "Roeland M.J. Meyer" <[EMAIL PROTECTED]>
>>X-Mailer: QUALCOMM Windows Eudora Pro Version 4.0.2
>>
>>Roeland,
>>
>>roughly what I said is that domain names must be unique (that is,
>>only only target "host" can have a given domain name) but that
>>trademarks, because of the way they are granted, can be applied
>>to more than one entity (product, service). It is not uncommon
>>that a telecommunications service company and a bus manufacturing
>>company having the same trademarked corporate name - MCI in one
>>case. Because of the ambiguity of trademarks, their use in
>>domain names leads to a fundamental conflict because there can
>>be only one entity that can use, e.g. mci.com, as a domain name.
>>
>>Vint
>>
>>At 01:01 AM 2/3/99 -0800, you wrote:
>>>Hello Vint,
>>>
>>>On the IFWP/DNSO/ORSC lists we've been discussing trademark issues related
>>>to domain names. I watched you give a talk a few weeks ago, on CNN, and
>>>during the Q&A portion you made a statement describing DNS and trademarks
>>>being fundamentally incompatible. Do you recall those words and is there a
>>>quotable reference for that statement?
>>>
>>>It is actually Mark Schwimmer and myself debating this. It also revolves
>>>around the NSI trademark dispute policies.
>>>
>>>___________________________________________________
>>>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
>>>___________________________________________________
>>> KISS ... gotta love it!
>>>
>>=================================================================
>>
>>See you at INET'99, San Jose, CA, June 22-25,1999
>>http://www.isoc.org/inet99/
>>
>
>
>___________________________________________________
>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
>___________________________________________________
> KISS ... gotta love it!
>
>
>
>
