>(As an IP attorney, I have severe doubts that anything that has such a
>functional role as a gTLD would be subject to trademark protection, in the
same way
>that there is no copyright protection for functional components. But wadda
>I know?)
Might it depend on the business model? If you're opening up a huge,
generic gTLD where anyone can register anything to say or do anything
(think .com), then you may be right. On the other hand, if you're
creating a "zoned" space, where only certain types of registrants and/or
content are allowed (think .per or .kids), then perhaps another result
might be more appropriate.
In a "zoned" TLD, the registry might be doing something more than
entering names into a database. It could be setting the rules for
registration and actively monitoring content and registrations to make
sure that they fell within those rules.
The .com business model is only one of many models that may emerge when
new gTLDs are added. That's one of the reasons that the conversation
going on in the DNSO is important. The business model should not be
dictated by committee. The rules on entry should be flexible enough to
allow new models to grow.
-- Bret