Re: [IFWP] Market Structure Failure

[jeff Williams <jwkckid1@ix.netcom.com>]

Milton and all,

  For god's sake, don't we already know that any and all large or
famous trademark owners are likely to protest or file against
any DN owner that they feel is diluting, or otherwise potentially
infringing on their Mark, whether or not the are more gTLD's, TLD's,
or ccTLD's, irrespective wo whether those gTLD's, TLD's,
or ccTLD's, are chartered, partly chartered, not chartered, or
in any way directly restricted except to those trademark holders by now!!???

Milton Mueller wrote:

> No, it doesn't. You believe that "pizza-hut.se" is a violation of pizza hut's
> trademark. You believe that "pizza-hut.firm" is a violation of pizza hut's
> trademark. My understanding of your position is that pizza-hut.<anything> is a
> violation of their rights. Whether or not that is really your position, that
> certainly IS going to be the position of Pizza Hut's trademark lawyers. That has
> been the position of big TMOs with respect to .net, .org, etc.
>
> So, no, there are no new issues posed by expanding the TLD space. One could also
> posit that there are no new issues posed by creating new SLD hierachical
> categories, (e.g., food.us) as long as TMOs believe that mere registration of a
> character string corresponding to their TM character string, regardless of use,
> constitutes a violation of their rights.
>
> But perhaps this exchange would go somewhere constructive if you would explain
> what you think those "new" issues are.
> --MM
>
> Martin B. Schwimmer wrote:
>
> > Not really.  New gTLDs create new issues that would not exist if the new
> > gTLDs did not exist. .firm creates issues not currently present with .se
> >
> > I would imagine that a better formulation for your subjectless "it is
> > about" would be how to create a just procedure that provides a fair
> > mechanism for the balancing of the rights of the various parties involved.
> >
> > >Martin B. Schwimmer wrote:
> > >
> > >> So the topic at issue here is whether the domain name registration system
> > >> should be expanded without recognition of the legal rights of others - or
> > >> perhaps there can be some reasonable compromise.
> > >
> > >Not really. All of the threats to pre-existing rights exist--or
> > not--regardless of
> > >whether "new" gTLDs are created. They exist in current TLDs. It is not,
> > and never
> > >has been, about the *application* of existing laws and rights. It is, and
> > always
> > >has been, about the *cost* of policing and enforcing existing laws and
> > rights.
> > >
> > >--MM
> > >
> > >
> > >
> > >
> > >
>
> --
> M I L T O N   M U E L L E R  S Y R A C U S E  U N I V E R S I T Y
> / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / /
> / / / / / / / / / / / / / / /
> School of Information Studies                    http://istweb.syr.edu/~mueller/

Regards,

--
Jeffrey A. Williams
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail jwkckid1@ix.netcom.com
Contact Number:  972-447-1894
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208