I think the best move for us to take is to just start using the
Trademarking of Private and Prospective TLDs and be done with it. It
is a silly thing to try to use qas a hammer to get ICAN to back off.
They do not listen to or respond to threats! They react to real live
action. And since this nice TM avenue is just sitting there waiting
to be used, lets just go for it!
Can we use the ORSC staging root so show that TLD names have in fact
been put in commerce?
Cheers...\Stef
>From your message Mon, 01 Mar 1999 15:08:18 -0800:
}
}At 12:52 PM 3/1/99 -0800, Greg Skinner wrote:
}>"Roeland M.J. Meyer" <[EMAIL PROTECTED]> wrote:
}>
}>> I would posit that we have just found the natural process by which
}>> new TLDs will have to be created. Further, as Marty, Bill, and I
}>> discussed earlier on this list, all SLDs and other domains,
}>> registered within this TLD, can be protected behind the TLD's
}>> charter. It gets even more interesting in that, since the
}>> trademark-holder is held responsible for maintaining the quality of
}>> that mark, they can NOT be coerced into allowing other registrars to
}>> register domains in that TLD, on the simple argument of "quality
}>> control".
}>
}>I think if this goes through, organizations will start registering TLDs in
}>their own name, and we will hit the TLD safe limit a lot faster than
}>we would otherwise.
}
}All the more reason to table some of these nit-wit games. All of this "you
}can't do that" BS, when there is a natural legal process, that will work,
}is extremely counter-productive. Of course, the registry controls the TLD.
}Of course, they can be for-profit if they so choose. Of course, they do NOT
}have to share out to registrars. Of course, gTLD's are on a par with ccTLDs
}wrt to autonomous operations. etc. etc. etc.
}
}Like the "treaty of Versailles" was the true cause of WW2, excessive
}restrictions on gTLDs would cause this method to come into wide-spread use.
}Too much delay and it'll happen anyway. Try to say "No gTLDs" and it'll
}happen sooner. Try to force ADR and it'll happen. Claiming TLD space as a
}public preserve will make this happen. I personally know at least one
}company preparing for this strategy right now, possibly two, there may be
}more. Certainly WEB and PER can be positioned to file trademarks on their
}respective TLDs and, I believe, both are operating for-profit commercial
}registries, in their respective TLDs. There is nothing stopping them from
}following this course, anyone with a famous mark could do it now (IBM, ATT?).
}
}The counter to this scenario is to come up with a real DNSO document that
}all can live with. The socialist hard-liners have to recognize reality, as
}I had to recognize that the trademark contingent wasn't going away real
}soon. It might very well be that TLDs will have to be trade marked. I don't
}know, but we have to break through to a solution or natural events will
}over-take the process.
}
}Please, don't take this as a threat or a hard-line position statement. I am
}simply following the findings, as currently understood. The method I have
}outlined is not one I personally prefer, or one that I think is good for
}the well-being of the Internet. But, there is no way I can think of to stop
}anyone from using it other than to present a credible and palatable
}alternative.
}___________________________________________________
}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!
}
}
