Greg Skinner wrote:

> "If the DNS namespace had been laid out originally with hierarchies
> that represent the scope of organizational trademarks or service
> marks, would the trademark interests still have objections?  What
> would the objections be -- name dilution? potential infringement?
> something else?
>
> For example, what if the original plan had accomodated this type of
> (hypothetical) arrangement:
>
> mci.telecommunications.com
> mci.bus-manufacturing.com
>
> The creation of new gTLDs (and perhaps subdomains within them) that
> can be laid out as a trademark or service mark hierarchy would seem to
> solve this problem, and it can be solved with the existing technology
> (provided that the number of gTLDs is not too large).
>
> --gregbo

It would have to get quite complex, rivalling a global yellow pages, e.g.,

macdonalds.restaurant.1221mainstreet.eastlansing.mi.com
macdonalds.restaurant.345boysenroad.poughkeepsie.ny.com
macdonalds.restaurant.1ganney.edinborough.com.uk
macdonalds.sam.12rosestreet.elmville.pa.com
macdonalds.fishmonger.11winchesterst.macon.ga.com
macdonalds.shoes.etc.

Perhaps this is why no one uses the .us domain.  Furthermore, it isn't
clear that even this additonal data would be sufficient to eliminate
consumer confusion as to whether or not any or all of these are related to
each other.  Then there is this special status accorded by some countries
(like the US) to owners of "famous" marks such that they can prohibit
*any* other new commercial use of a confusingly similar name.  And then,
each nation has its own trademark laws.

It's not going to be an easy knot to unravel.

Diane Cabell
[EMAIL PROTECTED]
http://www.mama-tech.com

Fausett, Gaeta & Lund, LLP
Boston, MA
http://www.fausett.com

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