The Worldwide Domain Battle
pledibus writes "The New York Times's Sunday magazine contains an interesting article, Get Out of My Namespace, about the spate of conflicts over website names. The author synthesizes ideas from computer technology, law, history, onomastics, cultural anthropology, and probably a few other areas, and does a pretty nice job of it."
Impossible to police, impossible to control, and totally against everything the Net was designed to be. Sorry, but no country will govern the net and if one should try to, they will have a huge problem on their hands. What is needed is not more regulation, but more insightful systems design. That's all.
...they should be unambiguous and consistent. It shouldn't be based on who has the biggest lawyers.
Trademarks are not assigned to promote the creation of interesting individual names. Otherwise, they would fall under the "promote the useful arts and sciences" clause of the constitution, and thus would have limited duration.
Trademarks exist forever, as long as they are actively used -- because their enforcement puts MORE information at the public's finger tips, not LESS. The purpose of trademarks is not to defend some "property" of the long-dead guy who named Colt firearms, but to defend YOUR right to know who made the products you buy, right here, today.
As such, they can be as ugly or common place as you want. The point is to stop other people from confusingly marketing a similar product under a similar mark. Trademarks are actually a consumer-protection issue, not an "intellectual property" issue. It is the confusion of lumping very different aspects of law into one vague name that leads to mistakes such as this.
I don't think I am nit-picking here. This is a serious mistake. The misuse of trademarks for the purpose of censorship or harassment would be much less common if the general public had a sense that trademarks "belonged" to THE PUBLIC, as a truth-in-labeling concept.