[Random-bits] NCC Resolution on Trademarks

[James Love]

This is one five resolutions passed by ICANN's DNSO Non-Commercial
constituency.  Jamie    

Trademarks 
 Non-Commercial Constituency Resolution Yokohama - July 13, 2000

1. The purpose of trademark protection, with its traditional limitations
and exceptions, is to serve the public interest.  For example, to
eliminate confusion about the identity of the manufacture of a product,
or the name of an organization.  For example, names like Sony, Xmission,
Greenpeace, or the AFL-CIO are protected so that consumers or the public
will connect the use of the name with the correct organization.  ICANN
should not be a global policy making body on global trademark rights.

2.  There are many different approaches to trademark protection in
national laws, and many areas of controversy.

3.  Not all uses of a trademark should be restricted by trademark
protection.  For example, the use of a trademark and the term sucks,
such as verizonreallysucks.com, or volvoenthusiasts.org, should not be a
prohibited use, because they would not be confused with the seller to
the branded product or service.  ICANNwatch.org is another example of a
use that should be protected, because people understand that
icannwatch.org is different from icann.org.  Nor should it be prohibited
for labor unions to create domains such as boeing.union, for purposes of
providing information about unions that represent workers at boeing.  
The purpose of a trademark is not to give the owner the trademark
complete control over the use of the trademark, but to avoid confusion
over the identity of persons, groups, firms or organizations.

4.  The NCC is particularly concerned that rights of free speech,
criticism and parody be protected in trademark policy, and that
trademarks not be used for anticompetitive reasons.

5.  ICANN should not adopt policies to restrict the creation of new top
level domains as a mechanism to protect trademarks.