Closed New gTLDs - "Closed Gardens"

[Andrei Barburas]

Hello all,

Edward, allow me to contradict you regarding this statement:

"*Domain names are not trademarks. Nor are they sui generis i.p. marks. To
sign this letter indicates a belief that in some form they are and will
make it a be a bit more difficult in the futre to coherently fight efforts
by brand owners to further expand their monopoly rights in the domain
ecosphere.*"

The best example I can give, is Amazon.com which is an actual trademark
(Amazon with and without the dotcom; a list of their trademarks can be
found here:
http://www.amazon.com/gp/help/customer/display.html/?nodeId=200738910)

This issue was discussed in one of our previous mailings regarding
"generic" words, like fruits and everyday items.



*Andrei Barburas*

Community Relations Services Officer



International Institute for Communication and Development (IICD)

P.O. Box 11586, 2502 AN The Hague, The Netherlands


Mobile: +31 62 928 2879

Phone: +31 70 311 7311
Fax: +31 70 311 7322
Website: www.iicd.org



*People  ** **ICT   Development*



On Wed, Sep 5, 2012 at 10:19 PM, Edward Morris <edward.morris at alumni.usc.edu
> wrote:

> I would take exception to the claim that allowing so called "closed
> garden" gTLD's at all infringes upon nation states "entrenched legal
> processes" for obtaining trademark protection.
>
> It's usually brand owners I need to remind of what appears to be a little
> recognized fact: domain names are not trademarks. Notwithstanding the fact
> that brand owners want us to treat domain names as trademarks +, that some
> UDRP mediators seem to buy this argument, that we're left fighting attempts
> to establish extraordinary protection for famous marks...
>
> Domain names are not trademarks. Nor are they sui generis i.p. marks. To
> sign this letter indicates a belief that in some form they are and will
> make it a be a bit more difficult in the futre to coherently fight efforts
> by brand owners to further expand their monopoly rights in the domain
> ecosphere.
>
> The concept of a commons in generic terms may be admirable. The concept
> stands alone and needs not and should not be linked to trademark rights.
> Regrettably the time to make such an argument with regards to this round of
> gTlds is in the past.
>
>
> On Wed, Sep 5, 2012 at 8:17 PM, Kathy Kleiman <kathy at kathykleiman.com>wrote:
>
>>  Hi All,
>> I would like to share with you a letter being circulated by Michele
>> Neylon, the wonderful Blacknight registrar (and the only registrar in
>> Ireland).  It deals with new gTLDs that are "closed gardens" -- generic
>> words that some companies have applied for as new gTLDs and will keep
>> "closed" -- not open for general second-level domain name registration.
>> These include some applicants for .BLOG and .CLOUD, among many others.
>>
>> It's a powerful letter with strong free speech/freedom of expression
>> arguments. Concerns are shared by registries, registrars and registrants --
>> and Michele is looking for Signatories.
>>
>> Please take a moment to look at the letter, and let Michele know if you
>> can sign on (name, organization).  Michele is cc'ed on this email, and can
>> be reached at michele at blacknight.ie
>>
>> -----
>> Here's the full version with current signatories :
>> https://docs.google.com/document/d/1ZUNlookOWyaSW8lXfi_37zVFsVk9xcxncvmE0uwPEFY/edit
>> **Here are two quotes from the
>> **
>>
>>
>> Here are two quotes from the letter:
>> "Based on our collective industry experience, we are of the opinion that
>> the underlying intention of Section 6 was to allow for the operation of
>> closed gTLDs only under very defined circumstances.
>> Specifically, that closed gTLDs should be reserved for only those strings
>> in which the applicant possesses established (i.e., legally recognized)
>> intellectual property rights, basically brand names.  We believe that this
>> interpretation of Section 6 is inherently logical especially in view of the
>> discussions that preceded the opening of gTLDs -- which focused, in very
>> large part, on expanding choices and opportunities as well as promoting
>> innovation, for Internet consumers worldwide."
>>
>> "Further,  generic words used in a generic way belong to all people. It
>> is inherently in the public interest to allow access to generic new gTLDs
>> to the whole of the Internet Community, e.g., .BLOG, .MUSIC, .CLOUD.
>> Allowing everyone to register and use second level domain names of these
>> powerful, generic TLDs is exactly what we envisioned the New gTLD Program
>> would do. In contrast, to allow individual Registry Operators to segregate
>> and close-off common words for which they do not possess intellectual
>> property rights in effect allows them to circumvent nation-states’
>> entrenched legal processes for obtaining legitimate and recognized
>> trademark protections."
>> ----
>> Best,
>> Kathy
>>
>> Kathy Kleiman
>> Internet Counsel, Fletcher, Heald & Hildreth
>> Co-Founder, NCUC
>>
>
>
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