This proposal will bring resolution to an area that has been the subject of substantial litigation to date and shows every sign of accelerating in this regard. Your serious consideration of this proposal is encouraged.
This proposal solves certain problems inherent in the present government or registrar-mandated, exclusive approach, which to date has not resolved the problems of multiple and conflicting jurisdictional approaches, nor the exclusive use by one person or entity of a domain name, when other persons and entities have debatable rights to use of the same domain name. A famous example of this is United Airlines, United Technologies, United Van Lines, and many others who use "United" in their names in differing market sectors.
The proposal merely provides that persons or entities with trademarks, or similar rights in other , for the same word or phrase in different SIC categories, or similar categories in other , are jointly entitled to the use of such word or phrase as a domain name, under the following conditions:
1. The same word or phrase (the "Root Domain") shall serve a portal webpage containing the names, Derivative Domain names, and links thereto, of all persons and entities evidencing a right to use such word or phrase.
2. Such persons and entities shall share equally in the cost of such portal site, which may be administered by the domain registration entity.
3. Such persons and entities shall also register an available "Derivative Domain" name or names, which may contain the Root Domain name in combination with other qualifying words or phrases, more descriptive of the persons' or entities' SIC code, similar category, or actual market sector.
4. The ranking, or order of position, of such persons' or entities' official names, Derivative Domain names, and links thereto, on the Root Domain portal shall be as agreed among the persons and entities, or in the absence thereof, a periodic online auction, administered by the domain registrar, whereby the highest bidder obtains the first position, and so on. The registrar may obtain additional income thereby.
The above principle and four conditions are the essence of the proposal. Further definition of the concepts, rules and procedures will be needed, but it need not be much more complex than the foregoing. Domain name registrants throughout the world shall welcome this proposal as an elegant resolution to the very costly, time-consuming, confusing and frustrating domain name conflicts to date.
