Believe me I agree with you.

But there are decisions out there and I also promise you many more coming where that is exactly the case.

Moreover the URS will give trademark holders even more rights.

On domains that existed before the Trademark, holders are using the argument like this:

“Ok you owned the domain since 2002 but we got our trademark in 2005 and notified you of it so when you renewed your domain in 2006 and 2007 you violated our clients mark, because we put you on notice that we had a trademark and you renewed it anyway.”

Scary

Join the ICA

That’s what i mean about generic words. One can have the TM but not the automatic right to the domain.

And that seems to be what some companies are trying to do, even when the domain existed before the company.

Thank you for your explanations

The Beatles have a publishing company that uses the trademark, “Apple”. So does a certain computer company. But the products they market are not apples of the eating kind – they are music and computers, respectively (and sometimes overlapping – but that’s the subject for an altogether different post).

Helder, generic words can ABSOLUTELY be trademarks if they are not being used in their generic, descriptive sense. For example, I can open up a bar and call it, “The Office”. Unless the generic, descriptive meaning of “The Office” is understood as hot wings, happy hour and loud music, I am free to register, “The Office” for the appropriate USPTO category that represents food and drink establishments of this kind.

In reality, the potential exists for hundreds of separate, noncompeting products and services to each register the exact same dictionary domain name as a Registered Trademark so long as the trademarked product or service is not described by the generic definition of the actual name used.

And then there are famous marks. We’ll address that theme when we discuss the Beatles, computers and one very recognizable mouse….

[Don't act on this information - Call an Attorney!]

Having said that these trademarks do exist and the question them becomes is every trademark holder become immediately entitled to your domain?

Under the URS if your domain is parked the answer seems to be yes

Anyway it all goes back to the same issue, how can any government allow a company or whoever, use letters or generic words as a trademark, no one can own the language, here in Portugal that’s unthinkable of, you can’t even register generic domains .pt, because that extension is only for companies, entrepreneurs and associations. I don’t know how it is in the rest of europe, but i believe it’s very similar to Portugal.

If the US government allows something like that to happen to gtld’s it will be the end of it, because the world will stop buying gtld’s

Generic words and letters simply can’t be trademarks, it’s simply ridiculous.

There’s a guy in Russia who registered the emoticon (smile) as his trademark and he wanted to charge anyone who would use the emoticon, obviously no one accepted that, it’s a very similar principle with generic domains, no one can own a language, a word, a letter.

“Famous” trademarks should be red flagged through a uniform database subscribed to by all registrars. The red flagging does not prohibit registration, but would clearly put the buyers on notice that they proceed at their own risk.

Other trademarks that outwardly appear as ripe for conflict could be yellow flagged. Domainers must understand if they register, they’re on their own.

All other domains would receive a green light so long as they are not used to intentionally (or through gross negligence) usurp the intellectual property rights of third parties.

NOW THIS IS KEY:

The green lighted domains would qualify for a mandatory “ip defense fee” in the neighborhood of a buck or two. This fee would build a common fund for the legal defense of domain owners who follow the rules but, nonetheless, end up as a defendant in a UDRP or trademark action.

Sure, there are lots of hairs to split, but insurance carriers and title companies do it EVERY DAY. That’s their business. Let’s get the registrars talking to their legal counsel and to our legal/industry representatives and begin the debate. Don’t offer them an out before the issue is even considered on the merits.

Believe me, there is a per domain fee somewhere between nothing and ten dollars that will get the job done. Let’s find out what that number is, and then let the domainers decide. Don’t make it easy to sidestep the issue without giving it serious consideration.

So, now that one possible solution has been proposed, let’s collectively crush innovation and let the idea bashing begin!

(because that’s what we seem to do best)

Of course those we out and out trademark infringing domains, but don’t fall into the trap, because trademark groups are using those (worst & most obvious) offenses to change the law, to expand the protection for all trademarks, those famous and not famous and as i keep saying ever dictionary word, every 2 and 3 letter combo is trademarked as well as almost every two and three word phrases and sayings.