05-13-2003, 06:17 AM
Hi Cricketer,
You're right, One could never register Coke.com or McDonalds.com. but It became well understood long ago. You see I didn't mention examples of any known brand names. It was simply Loans.com...or Business.com which fall in the category of "Generic TLDs". Thus it could be registered & owned by any body. It's like Water.com or Milk.com instead of NestleWater.com or TetraPackMilk.com... Today, having registered such a name which includes an element of Copyright or TradeMark or ServiceMark would be simply waste of time and money. Rather it can attract a penalty and suit for damages for millions of dollars.
I was referring about the "Generic" names. After numerous lawsuites, definition of generic names had quite expanded and transformed. Recently, even Queen of England lost a suit for claim of a domain name. Pakistan.com should've been property of Govt. of Pakistan, but it's not... and it's for sale in the open market. Most of the muslim and Islamic domain names are property of non muslims who've registered them to earn windfall in future. So, now I think that I've made clear my point about nature of domain names I was talking about.
Regarding valuation, your "guess" didn't work. Because, as I explained earlier, it's regarding valuation of "Generic" names. A generic name can never be registered as a trademark or copyright. e.g. nobody can register "Water" a trademark... (but yes, NestleWater is an implied trade mark whether Nestle registers it or not), thus a domain name can't be valued like a trademark or trade name or servicemark. There have to be some other basis or criteria for valuation of gTLDs (Generic Top Level Domains). Further, a trademark may be specific to any certain type of goods or services, because trademark is registered only for certain "Class(es)", but a Domain name can cover both of these or...none of them.
Now, you've got a full toss, hit a sixer.... and I'll catch it.
Edited by - TheOne on May 13 2003 012746 AM
Edited by - TheOne on May 13 2003 013048 AM
You're right, One could never register Coke.com or McDonalds.com. but It became well understood long ago. You see I didn't mention examples of any known brand names. It was simply Loans.com...or Business.com which fall in the category of "Generic TLDs". Thus it could be registered & owned by any body. It's like Water.com or Milk.com instead of NestleWater.com or TetraPackMilk.com... Today, having registered such a name which includes an element of Copyright or TradeMark or ServiceMark would be simply waste of time and money. Rather it can attract a penalty and suit for damages for millions of dollars.
I was referring about the "Generic" names. After numerous lawsuites, definition of generic names had quite expanded and transformed. Recently, even Queen of England lost a suit for claim of a domain name. Pakistan.com should've been property of Govt. of Pakistan, but it's not... and it's for sale in the open market. Most of the muslim and Islamic domain names are property of non muslims who've registered them to earn windfall in future. So, now I think that I've made clear my point about nature of domain names I was talking about.
Regarding valuation, your "guess" didn't work. Because, as I explained earlier, it's regarding valuation of "Generic" names. A generic name can never be registered as a trademark or copyright. e.g. nobody can register "Water" a trademark... (but yes, NestleWater is an implied trade mark whether Nestle registers it or not), thus a domain name can't be valued like a trademark or trade name or servicemark. There have to be some other basis or criteria for valuation of gTLDs (Generic Top Level Domains). Further, a trademark may be specific to any certain type of goods or services, because trademark is registered only for certain "Class(es)", but a Domain name can cover both of these or...none of them.
Now, you've got a full toss, hit a sixer.... and I'll catch it.
Edited by - TheOne on May 13 2003 012746 AM
Edited by - TheOne on May 13 2003 013048 AM
