[CPWG] To convey, not to judge

Bill Jouris b_jouris at yahoo.com
Thu May 7 20:14:49 UTC 2020


The trademark system approaches such conflicts in the best way to protect consumers. The domain name system approaches such conflict in the best way to maximize revenues for ICANN and the domain industry.
 
Could that be because the trademark system was worked out by governments?  Whereas the folks working on the domain name system appear to take it as a given that significant government involvement would be a Bad Thing.  Not entirely sure why, but it definitely appears to be an article of faith.
Bill Jouris     On Thursday, May 7, 2020, 01:06:07 PM PDT, Evan Leibovitch <evan at telly.org> wrote:  
 
 On Thu, 7 May 2020 at 14:00, Roberto Gaetano <roberto_gaetano at hotmail.com> wrote:
 
“Traditional” trade marks are governed by a systems that have jurisdiction at the core - while the DNS is global.

Search "Madrid System".
With roots as far back as 1891 I *think* it predates the use of domain names.
 
 Also, most trade mark systems use the concept of “class” to identify categories, so that trade marks are applied for a specific class of products. This allows, for instance, to make a distinction between Apple - the fruit, Apple - the recording company, Apple - the computer, and so on. The example that has been made from the beginning of these discussions in the Internet community is that if multiple companies apply for .apple, each of them belonging to a different class, the traditional way goes in tilt.

There are multiple ways to deal with this tilt.
The trademark system approaches such conflicts in the best way to protect consumers. The domain name system approaches such conflict in the best way to maximize revenues for ICANN and the domain industry.

-- 
Evan Leibovitch, Toronto Canada at evanleibovitch or @el56  
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