European TLD successfuly launched today!!!

[FreddyS]

Just because you are frustrated, it doesn't make you right. Eurid have a responsibility to protect Trademark holder's, but they are not responsible for the Trade Mark System, which in some countries is probably failure weak.

The problem is there is no reason a Generic cannot be Trademarked as long as the Trademark does not apply to the generic sense of the term. The whole thing is a minefield.

I personlly think the best way to handle future landrushes would be to have a Sunrise Auction. Crude but fair!

Best Regards
Dave Wrixon

Dave,
an auction would generate the same result as the Trademark.
the person with more money would get the name, is this the right way?
I am allowed to auction chrysler.whatever?

[Fredo]

In fact, we already know the owner of all these precious domain names.
Who are they?
Simply those at the top of each list!
Why?
Because until 16th of january, Eurid will waiting to receive official documents, like TM, to determine the new owner of each name. As said, nobody has trademark on Sex or Travel or Hotel.... So the list will remain like this and Sunrise II will begin. New potential registrants will apply... Like those who have a particular interrest into Sex.eu or Travel.eu. But as long as nobody will have the legal documents to proove that they MUST own sex.eu, the list will remain until 7th April. Public release. As it was stated everywhere, the rule "First come, First served" will apply. But into the list of already recorded registrants! Which is meaning, the first one already listed will get the name by default.... from the others to present legal documents....

Very interesting and it is what will probably happen

[Rubber Duck]

Dave,
an auction would generate the same result as the Trademark.
the person with more money would get the name, is this the right way?
I am allowed to auction chrysler.whatever?

Well it just occurs to me that even chrysler could be TM'd say by someone in the Sex Industry. If it went to action, no two bit speculator is going to try and outbid Chrysler, as they know that even if they win they are going to face UDRP, so what would be the point. The registry would make a bit more with a lot less, administration and cost. Everybody would get a an equal shot to the extent that they have the resources. Frankly, there would be a lot less *****ing and moaning and dot eu would have been up and running 12 months ago!

Best Regards
Dave Wrixon

[FreddyS]

Well it just occurs to me that even chrysler could be TM'd say by someone in the Sex Industry. If it went to action, no two bit speculator is going to try and outbid Chrysler, as they know that even if they win they are going to face UDRP, so what would be the point. The registry would make a bit more with a lot less, administration and cost. Everybody would get a an equal shot to the extent that they have the resources. Frankly, there would be a lot less *****ing and moaning and dot eu would have been up and running 12 months ago!

Best Regards
Dave Wrixon

Dave,
Chrysler is perhaps the wrong example, but take a other phantasy word that is not so well know.
this word can be trademarked in one country but in different classes, one could be trademarked as food the other one in the class for markting.
they could co exist without problems in the real world but in the domain world every domain is unique. so who gets the name?
double trademarks are nothing new.
The solution with Trademarks is not bad, it helps the real trademark owners.

freddy

[Rubber Duck]

Dave,
Chrysler is perhaps the wrong example, but take a other phantasy word that is not so well know.
this word can be trademarked in one country but in different classes, one could be trademarked as food the other one in the class for markting.
they could co exist without problems in the real world but in the domain world every domain is unique. so who gets the name?
double trademarks are nothing new.
The solution with Trademarks is not bad, it helps the real trademark owners.

freddy

Precisely, there is no right answer on Trademarks. At least if you auction it, it wouldl go to those who believe it has the greatest value and the deepest pockets. This would minimise any come back on the registry, and would be an open and transparent system, which if not universally liked at least would be widely understood.

Best Regards
Dave Wrixon

[touchring]

Wasn't there a dispute over sex.biz? An American company lay claim to a trademark on the word 'sex' for magnets? I guess next time they will trademark the word "the". So anyone who uses that word has to pay royalty.

[wohl]

The problem is there is no reason a Generic cannot be Trademarked as long as the Trademark does not apply to the generic sense of the term. The whole thing is a minefield.

I personlly think the best way to handle future landrushes would be to have a Sunrise Auction. Crude but fair!

Best Regards
Dave Wrixon

Indeed the trademark system has flaws but as I already said that is absolutely no excuse for eurid. They could have overcome the problems in any of three ways.

a) set a deadline eg. start of 2005 after which trademarks would have been inadmissable. This would have blocked 99% of fraudulent applications, since they were nearly all made within the last six months.

b) Allow companies late trademarks, but only a limited number.

c) Allow companies late trademarks, but make them provide extra documentation to justify their claim eg. evidence of how the word or phrase is incorporated in their business plan. Eurid could have charged a bit extra for this option to cover any additional work.

It really can't be difficult to block the cheats, when it's so obvious who has a legitimate claim and who doesn't.

[StockDoctor]

Wasn't there a dispute over sex.biz? An American company lay claim to a trademark on the word 'sex' for magnets? I guess next time they will trademark the word "the". So anyone who uses that word has to pay royalty.

LOL good one! About as rediculous as the .eu sunrise landrush was.

[touchring]

Yup, that's right, so who says sex isn't a trademark? Any word can be a trademark, at the end, sex.eu ownership will be decided at court.

[Rubber Duck]

Yup, that's right, so who says sex isn't a trademark? Any word can be a trademark, at the end, sex.eu ownership will be decided at court.

I doubt this somehow as it will come under WIPO UDRP. Because SEX is generic it will be difficult for a serious challenge to be made, so my guess it that result of the Sunrise will be final. Even if the owner has no more right to it than you, you have to come up with a very good reason why he has less. Difficult, especially as there are only a limited number of grounds for requesting a transfer order.

Best Regards
Dave Wrixon

[friday]

I seriously doubt the first allocated registrants in the sunrise period will be home scot free. I suspect registrants, registrars & Eurid will be embroiled in lawsuits for years to come over the allocation of domains and billing of clients.

Kudos to the .IN Registry for following a first come first served basis earlier this year when they opened up their registry. Why didn't Eurid follow that example and veer away from the .info sunrise debacle that happened a couple of years back. Trademark holders are well protected in law, so why the sunrise period? The whole process stinks of cronyism, I guess time will tell.