>People assume--and it is basically an undocumented assumption, supported
>only by anecdotal evidence--that people guess the name and type it into
>their browser. That behavior would make a common domain name
>extraordinarily valuable. Certainly it occurs, sometimes--but what about
>bookmarks, search engines, catalogues? Let's not forget that the last
>generation of browsers had a built-in assumption that if you typed "ebay"
>you wanted "ebay.com." So what happens if there is a "ebay.inc, ebay.ltd.
>ebay.foo?" Would users still make that assumption? Wouldn't they check
>more carefully? If users are confused and a site deliberately exploits
>that confusion isn't that a standard trademark issue, not a domain name
>issue?
>
Yes, among the reasons why ebay.firm, ebay.inc, ebay.shop and ebay.info
would likely result in confusion is not only because of the much maligned
habit of people guessing, and the use of keyword technology in browswers,
but because of the use of the domain name as a trademark both on and off
the web in banners ads, print media, etc. Yes, that is a trademark issue.
It is a trademark issue which can be alleviated and even prevented at the
registrar and registry level, because the registrar affects the allocation
process, and the registry controls the ultimate disposition of the DN. It
should be alleviated at the registry and registrar level for reasons of
social responsibility, and, in certain cases, reasons realting to vicarious
or contributory liability. I do not advocate that registrars and
registries make judicial determinations, just that they be good citizens.
>The newer generation of browsers will have keyword functions that decide
>what TLD you want for you--if you type in "whitehouse" you no longer get
>"whitehouse.com" you get "whitehouse.gov". We also seem to be forgetting
>that new "common-name resolution protocols" are on the horizon. All these
>developments dramatically decrease the value of domain names--they also
>undermine their character as "business identifiers." Go to RealNames.com
>and type in "decision support." You will get five or six companies'
>listings, and few if any of their domain names could have ever been
>"guessed" by someone interested in decision support systems.
OK, fine, no new gTLDs until common-name resolution protocols are in place.
(irony emoticon).
>
>The TM lawyers' essentially static mode of thinking looks at the domain
>name resource as if the current situation will never change--that the
>market for names will ALWAYS be artificially restricted to a gew gTLDs,
>that user's navigation of the net will ALWAYS be based on the assumption
>that there is only one "com" TLD or "co" SLD, etc., etc.
>
No, the static assumption is that people will never change - if you add
.firm, someone other than ebay will try to register ebay.firm.
