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I'm just jotting down an idea here for now so I won't forget it.
This idea, although independently conceived, has been covered (with holes) in RFC 2352.
Domain Name Exhaustion and Trademarks
Is exhaustion really a problem?
Trademarks and domains have an uneasy relationship. Describe, at least for USA, and also describe why not the same.
For (trademarks, domains) describe:
localizing (.ny.us?, state trademarks, national trademarks)
categorization (TM for airline operations vs. .aero?)
Business names (as in the RFC) can be granted on a very local level. Inconvenience of trying to shoehorn in a geographic classification. Impossibility of categorizing conglomerates.
Use in commerce requirement of TM (but domains aren't just for commerce)... an analogue for domains? Anti-parking measures?
ICANN blog on categorization http://blog.icann.org/?p=183
the .com pre-eminence problem
-- DanielHarris - 29 Mar 2008
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