New gTLDs, Trademark Law & Monopoly Law

Submitted by gpmgroup on Wed, 2008-06-25 13:57.

Most peoples understanding of gTLDs is they differ from “domain names” in that they are used to identify a class of “domain names” or the source of domains from a constituent group.

Under trademark law Generic terms are not permitted as trademarks because they identify the product itself, not the source of a product.

Is this subtle but very important difference also to be incorporated into new gTLDs?

Should ICANN be giving a single company or individual exclusive rights in generic gTLD strings? Especially a company whose primary business interest is not as a domain registry?

www.gpmgroup.com - blog gpmgroup.info/domains

Comments

special treatements

Submitted by Tuemmel on Fri, 2008-06-27 01:32.

As long as a trademark protection does not include a domain name, I don't see a reason, why they should gain some special treatement.

The first who claims a domain should be the one who owns it without reservations and all kind of stuff that might lead to unfair deals behind the scenes. The rest will be done by the market.

Cheers

Tümmel

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