IAHC-DRAFT Expires May 1, 1997 Author: Thomas J. Hoffmann Title TRADE NAMES AS DOMAIN NAMES Abstract Establish a single new international Top Level Domain (iTLD) with domain names restricted to trade names. Introduction The Domain Name System provides a mapping service between system names and Internet addresses. The purpose is to provide a system for the user to efficiently contact a desired location on the Internet. There are many alternatives for allocating system names. The method of selecting trademarks as domain names in the .com TLD has resulted in chaos. The trademark/domain name interface was initiated by "grabbers" who wished to benefit from the reputation of well-known trademarks. Trademark owners responded by adopting and thus giving value to the same allocation system. Premise 1. Trademarks make poor domain names. 2. There is no need for every trademark to have a TLD name. 3. Trademarks can serve as Second Level Domain names. 4. TLD names should be restricted to trade names. 5. Trade names are recognized and protected as intellectual property. 6. Article 8 of the Paris Convention for the Protection of Industrial Property provides for the protection of trade names, whether or not they form part of a trademark. 7. Trade names are the basis for mapping in many systems, for example, the telephone system. 8. Proof of ownership of the trade name can be established under current jurisprudence, for example, incorporation. 9. Many trademarks are shared by distinct enterprises nationally and international for unrelated goods without confusion, for example, American. There is no system for distinguishing among such trademark/domain names on the Internet, for example, american.com. 10. Trade names are unique, for example American Airlines, American Express, American Automobile Association 11. Identical trade names/domain names in different geographical areas can be distinguished by addition of an indication of the jurisdiction of incorporation, for example, americanexpress-us.xxx. , americanexpress-uk.xxx. Proposal To establish a single iTLD with domain names limited to trade names. Registration requires proof of ownership of the trade name. Allocation is on a first come first served basis. Conflicts are settled by dispute resolution and the courts, not the domain manager. Allocation of names is independent of country of origin of the applicant. Discussion The popularity of search engines has increased user efficiency in finding a particular subject, product or location on the Internet. It is no longer necessary to rely on a top level domain name to find a location. A iTLD name takes a user to the location of the enterprise and a second level domain name takes the user to a trademarked or generic named product or service. To avoid the chaos of the .com TLD, enterprises with reputations will migrate to the new iTLD and thus transfer the prestige currently attached to .com to the new iTLD. Users will recognize the new iTLD as the domain for genuine locations free of confusion. The abandoned .com domain will loose popularity for commercial purposes. This proposal removes any restriction on access. Worldwide there are fewer conflicts among trade names than trademarks. Grabbing of trade names is not as glamorous as pirating trademarks. Multiple business entities currently coexist in the worldwide market place with their own identity. Enterprise identity should be the basis for allocation of domain names, not marks identifying the individual goods or services of the enterprises. Author Thomas J. Hoffmann thoffmann@hoffmanns.com 1-206-286-8607 IAHC-DRAFT Expires May 1, 1997 Thomas J. Hoffmann