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[comments-gtlds] How to introduce new TLDs



To make sure new TLDs don't repeat the .com problem, even a little, we must model new TLDs after successful and time-tested trademark law. The summary is included below. A more extensive description of how this can be done can be found at http://www.design-and-hosting.com/nameplan/index.htm
 
This plan will:
 
1. Provide great domain names for whoever wants them.
 
2. Keep the availability of great domain names high for years and decades to come.
 
3. Prevent cybersquatting among the new TLDs.
 
4. Aleviate cybersquatting in the .com, .org and .net space.
 
5. Provide a match between domain names and trademarks, so that current trademark holders can get a domain name that matches the scope of their trademarks.
 
6. Resolve the problem arising from multiple trademark registrations of the same word by different companies.
 
7. Make it easier to search for content in the Internet.
 
8. Bootstrap itself into the public eye.
 
9. Provide a way of avoiding disputes, largely by making it easy for reasonable people to foresee the outcome of 99% of disputes if they went to court.
 
10. For the gray areas that remain, provide a way of resolving disputes according to principles.
 
11. Provide for an international solution.
 
12. ... and more.
 
 
In summary, here's how it works:
 
1. All new TLDs are chartered TLD. Applicants should be able to suggest their own TLD's as needed. They should be as specific as possible. When all languages are considered, the number of new TLDs could reach a few hundred thousand.
 
2. Create a non-profit organization that issues new TLDs and domain names within these TLDs. This organization will be similar to the trademark side of the US Patent and Trademark Office. Its main function would be to make sure new TLDs and domain names follow certain rules. A major part of the organization's day-to-day activities will be computer and human examination of domain name applications and archiving evidence of use of domain names. It will be fully funded by reasonable domain name registrations.
 
3. Allow for both economy registrations that have not been examined by a human examiner and more secure registration that have been examined by a human examiner
 
4. Require that TLDs are generic in nature. They must describe a topic, a product or service, but not any individual or company.
 
5. Require that all domain name applicants in the new chartered TLDs agree to certain rules, including:
 
A. The only right they get by initially registering the name is provisional right to put up a web site and start getting traffic. If no website is present after six months, their registration will expire. The time can be extended a maximum of four times for two months each time, by paying the appropriate fee for each extension. The fees for later extensions are higher.
 
B. The don't have any right to the domain name until they start getting traffic on a website that has content appropriate for the chartered TLD. A coming soon page doesn't count.
 
C. The right to the domain name exists in the people who have visited the site, so that they can expect to find it there again. Thus, the right to the name is the result of traffic, as evidenced by log files.
 
D. Their web site must have something to do with the purpose of the chartered TLD. An irrelevant website doesn't count. Pointing to an existing website counts only if this is the ultimate purpose of the domain name and the domain name is a natural alternate entry point to the site.
 
E. Their use of the name is subject to and must not interfere with the rights of a trademark holder who has a trademark in the goods and services described by the chartered TLD. (This means that the 101 owners of the register mark "OMEGA" can all have nonconflicting omega.something sites, and people will still be able to create other omega.something sites.)
 
F. Their domain name must identify them in some way. That means simply that the domain name can not be a generic word or superlative that everyone in the chartered TLD should have the right to use. (This part can be enforced by computer.)
 
G. Adverse decisions of the examining organization can be resolved in several ways (see the above link for a list of them)
 
6. More is require. See the full description.
 
Enough has been said about the problems of gTLDs to show that they are a bad idea. Chartered TLDs solve many of the problems but don't go far enough. The only way to solve this TLD problem is to follow the lead of the trademark office and trademark law by (1) basing the right to domain names in the public (surfers) and (2) providing an examination system analogous to trademark examination. These two principles, when properly implemented, will have numerous benefits, including providing a match between current trademarks and future domain names, making great names available to future generations, and making cybersquatting impractical or impossible.
 
For further information about this plan, including examples and important information about trademarks that no one in the TLD debate should be without, visit http://www.design-and-hosting.com/nameplan/index.htm.
 
Peter H Rehm