ID: Top Level Domain Classification and Catagorization draft 01

INTERNET-DRAFT                                              Simon Higgs
Expires 1/7/1997                                          Higgs America
                                                              June 1996

            Top Level Domain Classification and Catagorization
                     < draft-higgs-tld-cat-01.txt >


Status of this Memo

     This document is an Internet-Draft.  Internet-Drafts are working
     documents of the Internet Engineering Task Force (IETF), its
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Abstract

   This document is being distributed to members of the Internet
   community in order to solicit their reactions to the proposals
   contained in it. It is a combination of two previous drafts, one on
   the uses and classes of the top level domain space, and the
   other on the introduction of new top level domains as an extension to
   the existing international commercial namespace (.COM). This
   document suggests some ideas for the management of the establishment
   of new top level domains, some procedures for domain name
   registries, and some constraints on top level domain names.

   This document does not attempt to provide a direct solution for
   preventing or resolving the domain name or trademark conflicts we
   have recently witnessed, but it does create a foundation where
   domain name conflict solutions can have maximum effect.


Table of Contents

   1.   Introduction . . . . . . . . . . . . . . . . . . . . . . . .
   2.   Trademarks . . . . . . . . . . . . . . . . . . . . . . . . .
   3.   Domain Name Space  . . . . . . . . . . . . . . . . . . . . .
   4.   Top Level Domain Creation  . . . . . . . . . . . . . . . . .
   5.   Description of TLD Classes . . . . . . . . . . . . . . . . .
   6.   Registry Selection . . . . . . . . . . . . . . . . . . . . .
   7.   Well-Known Domain Name Registrations . . . . . . . . . . . .
   8.   Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . .
   9.   Expanding .COM to address domain name conflicts  . . . . . .
   10.  Appeals  . . . . . . . . . . . . . . . . . . . . . . . . . .
   11.  Security Considerations  . . . . . . . . . . . . . . . . . .
   12.  Acknowlegements  . . . . . . . . . . . . . . . . . . . . . .
   13.  Author's Address . . . . . . . . . . . . . . . . . . . . . .



1. Introduction

   Due to the overwhelming adoption of the internet by the general
   public, the use and expectations of the internet population have
   changed in the last few years. Many issues, such as the legal status
   of the domain name space need to be addressed more clearly. This
   document sets no legal prcedent and carries no legal weight in its
   present form. It does provide a strategic outline for addressing
   the future needs of the top level, and suggests ways in which to
   do this.

   Since the Internet's future is going to be driven by commercial
   market forces (i.e. the use of domain names to identify corporate
   business units which are known to the public as "brand names"), we
   should think about how to use those commercial aspects to the net's
   advantage. This document covers only the framework necessary to
   define the function, delegation, and use of new top level domains.
   Several factors need to be addressed such as why the TLD exists in
   the first place, who accepts registrations for the TLD, and what
   special purpose (if any) the TLD serves. These questions can be
   answered by the recognition of TLD "classes".

   This document also provisions to expand the .COM TLD by the
   introduction of 41 new commercial international top level domains.
   Many catagorization schemes have been examined to find a method that
   would allow similarly named domain names to exist without conflict.
   The least painful one is to divide the namespace into business areas,
   and so the International Trademark Schedule of Goods and Services is
   used as a template. These new top level domains are intended to
   supplement the existing domain name space, and the existing top
   level domains will remain in use unchanged. '.COM', in particular,
   will be absorbed into this map as miscellaneous catagory 42,
   replacing the need to create all 42 catagories. Additional top level
   domains may still be created to cover other non-commercial
   activities.


2. Trademarks

   In Bruce Lehmans (Commissioner of the US Patent and Trademark
   Office) own words:

   A trademark is nothing more than official recognition of something
   that already exists. It is the consumer's perception that something
   is in fact a trade name. It is from this perception that names can
   acquire secondary meaning through their use, and in doing so, come
   to be understood by the consuming public as the source of a
   particular good or service. If the name cannot be recognized as the
   source of a particular good or service, then that name is not a
   trademark. For example, a person's name is not a trademark. But, if
   a person goes into business using a particular name, that name might
   become a trademark.

   The trademark law, unlike the patent law and the copyright law,
   exists to serve the consumer, not to serve the interests of the
   trademark owner. The primary operating principle of it is that the
   consumer is not supposed to be confused by a plethora of different
   products all bearing what appear to be similar names.

   When the consumer thinks of a name, he knows that he's getting
   something that comes from the source he identifies traditionally as
   being that name. So if the letters that make up the name have
   acquired, in the minds of consumers, the reputation that they
   represent products in a given field (that only come from that one
   company), then the name has become a trademark.

   Two points must be kept in mind when understanding trademark issues
   on the internet: (a) domain names are and must be unique, and (b)
   trademarked names are not necessarily unique (and there are many
   examples of non-unique trademarks).

   There are no international trademarks. There is no official
   international registry of world wide trademarks. Trademarks may be
   registered per country (and in the United States (at least) per
   State).  The World Intellectual Property Organization offers an
   international arbitration service on such matters.


3. Domain Name Space

    3.1 The History of Domain Names

    The history of domain names can be found in [RFC 1034]. Domain name
    implementation and specification can be found in [RFC 1035].

    3.2 Structure

    The domain name space is a tree structure:

                                 |
                                 |
      ---------------------------------------------------------
      |       |       |       |       |      |      |         |
    .COM    .EDU    .NET    .ORG    .GOV    .US    .UK   [other TLDs]
                                      |
                                    USPTO
                                      |
                                     WWW

    Each top level domain has multiple domains registered under it.
    The above example describes the internet host ..
    where GOV is the US government top level domain, USPTO is the
    domain used by the US Patent and Trademark office, and WWW
    identifies that organization's host (computer) that functions as
    their web server.

    3.3 Political decisions

    The political decisions about the top levels of the tree
    originated in [RFC-920], with current information in [RFC-1591].
    The current policy for the top level and second level domains is
    discussed in [RFC-1032]. [RFC-1178] describes the choices in
    naming a host. MILNET conversion issues are covered in [RFC-1031].

    3.4 Use and trademark implications

    This document recognizes that the use of the domain name space has
    changed since it was first introduced. This change was not brought
    about by conscious choice or any one person, but the change in the
    demographics of the internet population as a whole.

    As the internet population increases, and the demographic changes
    from an academic to a consumer population, more importance is
    placed on the identity of the source of goods or services on the
    internet. Although there is no legal status attached to a domain
    name when it is issued, through its use, a domain name can aquire
    secondary meaning in the eyes of the internet consumer (typically
    this is anyone who operates a client application on the internet).
    As such, the legal status of a domain name, taken on a domain by
    domain basis, could include the form of a trademark.

    The draft does not address the use of names outside the internet.
    Many of the problems regarding domain names as trademarks arise
    because they incorporate terms that have already aquired secondary
    meaning outside the internet. Certain words or phrases already have
    associations with products or services in the minds of consumers.
    One of the questions this poses is whether an existing trademark
    gives any entitlement to a domain name. The answer is not clear,
    and probably will never be entirely clear. New businesses started
    on the net with a similar domain name but that do not compete with
    an existing trademark holder have already faced litigation. Others
    in the same position have not.

    It should be noted that certain generic elements, such as the top
    level domain, should not infer any special status, nor should
    common prefixes such as www, ftp, gopher, or similarly used
    common nmemonics. In special circumstances, it may be possible
    that a combination of domain name elements is allowed, but this
    can only be decided by a duly appointed trademark examiner at
    the time of a trademark registration, or by a court decision. In
    either case, this can only be done on an individual domain by
    domain basis like names used outside of the internet.

    The domain name space was never intended to be a directory service,
    and this document does not describe a method of indexing the name
    space. It must be acknowledged however, that by identifying the
    source of goods or services, the domain name space becomes, in the
    eyes of the consumer, a limited form of directory service that can
    assist in the location of a particular good or service on the
    internet.


4. Top Level Domain Creation

   4.1. Delegation

      As with existing top level domain policy, TLD's shall be
      delegated to organizations for management by the IANA. The
      application process will be documented by IANA in a future memo.

   4.2. TLD Charter

      Each new TLD must be created with an identifiable purpose. A
      written charter will identify and explain the function and
      purpose of each TLD.

      In the case of the Specialized and Corporate TLD classes
      (described below), the corporation or organization acting as
      the registry will be responsible for creating the TLD's charter.
      This will be part of the TLD application process. Guidelines
      for charter creation will be made publically available by IANA.

      The following items must be identified in the charter:

      4.2.1  Registration procedure, documenting all steps

      4.2.2  Service guarantees

      4.2.3  Error resolution policy

      4.2.4  Refund policy

      4.2.5  Procedure for dealing with domain name and trademark
             conflicts.

      Provided these guidelines are followed, the legal liability of
      each registry will be limited. This prevents any registry from
      producing a self-serving policy which denies due process to
      either the infinged or infringing parties.

      It is recommended (see RFC1591) that the registry invoke a hands
      off policy, clearly documented in the charter, and act in a
      similar manner to an address issuer such as a postal service.
      Until such time as the domain name holder, or a qualified court
      hearing determines otherwise, the registry has an absolute
      obligation to ensure that the domain name's primary and
      secondary DNS information is continually available to the
      internet via the root name servers, whois, and other
      applicable databases or their successors.

   4.3. Registrys Failure To Enforce Charter

      In processing registrations, each registry must observe the
      procedures laid out in the charter for each TLD. Should a
      delegated registry be unable or unwilling to enforce a TLD
      charter, then at an appointed review board's discretion, the
      authority to accept or process registrations for that TLD
      would be removed, and the TLD would be assigned to another
      registry.


5. TLD Classes

   Top level domains can be divided into three groups. There are those
   which are non-exclusive, and which can be served by multiple
   registries. There are those that may need to be served by a single,
   specialized registry that has the necessary expertize to address
   specific industry issues, and there are a very small number which
   may be required in the future to serve single large entities, such
   as multinational corporations.

   5.1. Openly Competitive TLD Class

      The Openly Competitive TLD Class contains TLD's which are
      represented to the public by multiple registries. Most of the
      existing TLD's will be included in this category. New TLD's may
      also be created in this category, such as the 42 TLDs created at
      the end of this document. These TLD's must be maintained by
      multiple registries whose services are openly competitive.

      This TLD class is subject to meeting specific criteria:

      5.1.1.  the TLD is readily definable and identifiable in the
              form of a short name

      5.1.2.  the TLD is EITHER open to international registrations
              from organizations in any geographical location *OR* it
              specifically limits registrations to organizations within
              the geographic boundaries that the TLD identifies

              The two types of TLD in this class are defined by:

         5.1.2.1.  Geographical Location (.US, .UK, .CA, etc.)
                   These TLD's will be served by multiple registries
                   within a reasonable geographical boundary (i.e. it
                   would be impractical, even though theoretically
                   possible, for the .UK TLD to be serviced by an
                   Australian registry)

         5.1.2.2.  Type of Service       (.COM, .NET, .ORG, .EDU, etc.)
                   These TLD's will be served by multiple registries
                   located in any geographical area (i.e. these TLD's
                   are international and should be served by
                   international registries)

      Further explanation can be found in RFC1591.

   5.2. Specialized TLD Class

      The Specialized TLD Class describes TLDs that are
      industry-specific, or where a high-level of domain name control
      is needed. These TLD's are operated by a single registry in a
      monopoly situation. Registration is only open to organizations
      within the specific areas defined in the TLDs charter. The
      registry must be able to address any industry-specific issues
      arising from the use of and delegation of domains. These TLD's
      could represent specific industries, or other closely defined
      market niches.

      Examples of existing TLDs in this class include .MIL and .INT
      (which are both closely controlled).

      Creation of a TLD in this class is subject to meeting specific
      criteria:

      5.2.1   the area of specialization is readily definable and
              identifiable in the form of a short name

      5.2.2   the registry displays direct expertise in the chosen area
              of specialization and is able to constructively address
              industry issues in the context of running a TLD registry

      5.2.3   the TLD namespace is international

      Existing domains under the other TLD's that are held by
      organizations qualifying for a specialized TLD may or may not
      be affected, depending on the TLD's Charter.

      Using the TLD "*.NEWS" as the example - news organizations would
      be able to register secondary domains under "*.NEWS" provided
      they follow the guidelines set by that TLD's registry.

      Example:

                *.ap.news         Used by Associated Press
                *.bbc.news        Used by BBC
                *.cnn.news        Used by CNN
                *.reuters.news    Used by Reuters

      Note that each organization under this TLD may be international,
      national, or regional. The defining criteria is based upon area
      of business and not geography even though registration is
      open internationally.

      This would obviously give an organization a unique presence on
      the net by immediately identifying their area of business. The
      cost of using this type of TLD would be reflected within the
      industry itself by its own market forces.


   5.3. Corporate TLD

      In certain rare instances, it may be possible for a qualifying
      internationally known corporation to be identified on the
      Internet by their own exclusive TLD. This is reminiscent of
      earlier days before the .COM TLD was created.

      This TLD category is subject to meeting specific criteria:

      5.3.1   the company is readily identifiable by a suitable short
              name. This could be their name, their stock market ticker
              ID, a word made up from their various holdings

      5.3.2   the company is readily identifiable as an internationally
              trading company with existing international trademarks
              and has the ability to defend it's trademarks around the
              world

      5.3.3   the company operates at least one root nameserver
              ensuring they have an international Internet presence

      5.3.4   the company makes peering arrangements with NAP's if they
              run their own backbones between NAP's

      5.3.5   payment of a set up fee and annual license fee to operate
              the TLD (proceeds would go directly to administration,
              construction and operation of public areas of the
              Internet infrastructure)

      Existing domains that the company holds under the other TLD's
      would be revoked, and, if necessary, placed under permanent
      reservation in order to prevent trademark disputes arising. It
      may be plausible to allow the corporation to retain certain
      domain names under other TLD's if specific circumstances warrant
      this. This decision should be made by IANA or a committee
      designated by IANA.

      Using IBM as the example - the domains IBM.* would go into a
      state of permanent reservation making them unusable under other
      TLD's. IBM would be granted exclusive use of the TLD "*.IBM" for
      all their worldwide corporate needs. They would be able to use
      the secondary domains under "*.IBM" as they wished provided they
      follow sensible guidelines.

      Example:

                *.us.ibm     Used by IBM USA
                *.ja.ibm     Used by IBM Japan
                *.net.ibm    Used by IBM Network/Routers/Backbone
                *.corp.ibm   Used by IBM corporate HQ

      Note that a user transferring from IBM US to IBM Japan would
      ideally be able to change his/her email account from
      "@sales.us.ibm" to "@sales.ja.ibm" to simplify the
      moving logistics. Obviously, this responsibility would be
      entirely controlled by the company's management/registration
      department as defined in the TLD charter.

      This would give this type of company a unique presense
      on the net. It is important to realize that the TLD holder would
      have to guarantee a level of service in its obligation to
      running root nameservers plus a substantial investment in the
      creation and operation of the Internet infrastructure in exchange
      for the TLD. Having a truely international presence, and the
      ability to run a root-server in Antarctica is a definite plus.


6. Registry Selection

   The function of the registry is to support and maintain the TLD(s)
   that it is responsible for, by meeting the TLD's charter. It is
   important to understand that the registries serve the TLD's, and not
   the other way around. Therefore registries must be selected to meet
   the needs of each TLD.

   Registrations should be as straightforward as possible. Ideally
   there should be at least three registries to choose from when
   applying for a domain name. Thus the need for the Openly Competitive
   Class. The process will be similar to the present day method, and
   registrations will be accepted on a first come first served basis.
   The exceptions to this will be the Specialized and Commercial TLDs,
   however, it is expected that the majority of registrations will fall
   into the Openly Competitive class.

   The new registries (INPs) will be selected by the IANA, and given a
   specific TLD "franchise". [Note the use of the word "franchise" does
   not in any way convey the legal implications of a franchised
   operation, either to IANA, or the registry. It is merely a
   convenient word to describe the scope of the registry. Maybe a
   better word to use is license.]

   The following criteria are in addition to those either in existance
   or proposed in other drafts.

  6.1. Openly Competitive TLD Class

      Each openly competitive TLD MUST be operated by multiple
      registries. Each registry is responsible for registering
      secondary domains in a competitive marketplace alongside other
      registries. It is recommended that a single registry does not
      provide registration services for all the TLD's due to
      limitations imposed on the geographical TLD's.

      Each registry must meet specific criteria:

      6.1.1.  the registry must qualify in an openly competitive
              bidding process as defined by IANA

      6.1.2.  the registry has the ability to operate at least two
              root nameservers

      6.1.3.  the registry makes peering arrangements with NAP's if
              they run their own backbones between NAP locations or
              commonly used backbone data exchange points

      6.1.4   payment of a set up fee and annual license fee to operate
              the TLD (Proceeds would directly to administration,
              construction and operation of public areas of the
              Internet infrastructure)

      6.1.5.  the registry must observe and enforce the charter of
              each TLD

   6.2. Specialized TLD Class

      Each Specialized TLD is operated by a single registry who is
      granted a monopoly status within a specific area of business,
      and is responsible for registering all secondary domains.

      The registry must meet specific criteria:

      6.2.1.  the registry displays direct expertise in the chosen area
              of business and is able to constructively address
              industry issues in the context of running a TLD registry
              for that industry

      6.2.2.  the registry must have the ability to operate at least
              two root nameservers

      6.2.3.  the registry makes peering arrangements with NAP's if
              they run their own backbones between NAP locations or
              commonly used backbone data exchange points

      6.2.4.  payment of a set up fee and annual license fee to operate
              the TLD (Proceeds would go directly to administration,
              construction and operation of public areas of the
              Internet infrastructure)

      6.2.5.  the registry must observe and enforce the charter of
              each TLD


   6.3. Corporate TLD Class

      Each Corporate TLD is operated by a single company who has
      exclusive use of the TLD. It is that company's responsibilty
      for all registrations under this TLD, including a charter.


7. Well-Known Domain Name Registrations

   It seems inevitable that a trademark holder will want a domain
   name that reflects the name of the trademark held.

   There are "strong" trademarks that are registered in many
   countries and are vigorously defended. These may come close to
   being unique.  There are many "not so strong" trademarks that may be
   regional or business sector specific (for example, United Air Lines
   and United Van Lines, or the Acme Brick Company and the Acme
   Electric Corporation)).

   There are two conflicting goals of different trademark holders with
   respect to domain names: (a) to protect their trademarks against
   infringement, and (2) to have access to the domain name system to
   use their trademarks in a domain name.

   Trademark infringement is the use of a trademarked name in a way
   that may confuse the consumer about the source or quality of a
   product or service. For strong trademarks there may also be
   infringement if the use of a trademarked name dilutes the value of
   the trademark.

   Holders of not so strong trademarks want the ability to use their
   trademarked name in a domain name while some other holder of the
   same mark for a different purpose also can use their trademarked
   name in a domain name. These people would say it is essential to
   create additional top-level domains to permit fair access to domain
   names by holders of not so strong trademarks.

   The number of not so strong trademarks far exceeds the number of
   strong trademarks and that the domain name system should provide
   for the needs of the many rather than protecting the privileges of
   the few. It is because of this need that the top level domain space
   should be expanded beyond the 42 commercial TLD's recommended below.

   It may be prudent, in the case of the Specialized TLD class, that
   they implement a very restrictive TLD charter. For example, it may
   be a requirement that the domain applicant is in possesion of an
   International call-sign to register a domain in .RADIO. Or be a
   recognized news source to register in .NEWS.

   In the case of a few specific TLD's, a new process may be required
   that binds all potential parties to a pre-determined course of
   action. This would be clearly stated in the TLD charter.

   Given that no rights or legal status are provided with a domain
   name, it may be possible to auction domain names off to the highest
   bidder in the same way the FCC auctions off block of the radio
   frequency spectrum. A registry's course of action may work along
   these lines:

      7.1 Announcement

      The registry(s) responsible for the applicable TLD should
      announce its intention to register domain names in the TLD, and
      solicite registration applications from interested parties. The
      terms and conditions and subsequent course of action should be
      clearly stated in the announcement. One such term is that the
      applicant hold the registry and IANA harmless should they be
      unsuccessful in obtaining the requested name. A deadline is set,
      and applications after the deadline are refused.

      7.2 Compilation of Entries and Announcement of Auction

      Applications are compiled and published for the public record.
      Invoices of a predetermined fee are sent out to all applicants
      who have requested a unique domain name. Their domain name is
      activated.

      For those whose application is not unique, i.e. someone else has
      applied for exactly the same domain name, the auction process
      will start.

      The registry(s) announce the time and date of the action. At this
      point the registry may include other domains for auction as well.

      7.3 The Auction

      The auction itself can be performed online, electronically, or at
      an auction venue. The physical venue is preferable as it
      constitutes an open process that can be publically monitored.

      The legal liability of auctioning the domain names should be
      investigated and included in the TLD charter when it is created,
      if at all possible.


8. Fees for TLD Registries

   The INPs may be charged a fee by the IANA.

   8.1. Openly Competitive Class

      The fee paid by the each registry in this category should be
      based upon the market value of redistributing multiple TLD's in
      an open market. The registry will set its prices competitively
      but will be required to guarantee a minimum level of service.

      A set-up fee and an annual renewal fee will be required. An
      annual registry fee will be proportional to the number of domains
      issued.

   8.2. Specialized Class

      The fee paid by the Specialized TLD registry for its exclusive
      franchise should be based upon the market value of redistributing
      domains within the applicable industry. The registry may set its
      prices accordingly within its area of business by publishing its
      rates openly. It must not abuse its monopoly power.

      It is assumed that most Specialized TLD registries will be in
      start-up mode so a start-up fee will be minimal. An annual
      registry fee will be proportional to the number of domains
      issued.

   8.3. Corporate Class

      The fee paid by the international company should be based upon
      the market value of having an internationally recognized TLD. A
      set-up fee and an annual renewal fee will be required in order
      to obtain exclusive use of a top level domain. These fees should
      be high enough to deter companies from licensing their own TLD.
      The TLD holder should also carry a guaranteed minimum level of
      public backbone traffic, in additon to the fee.


9. Expanding .COM to address domain name conflicts

   [Please read this section twice. Just because a new TLD is created,
   and it generally describes an business catagory that also co-incides
   with an existing trademark catagory, does not mean, imply, or create,
   any guarantee or obligation on behalf of the issuing registry(s),
   nor does it imply any kind of regional, national, or international
   trademark status. It is merely a catagory, in the same manner .COM
   describes commercial domains, and .EDU describes 4-year educational
   institutions.]

   A catagory scheme is needed to avoid, or at the very least,
   limit the number of disputes in the domain name space. By allowing
   organizations to obtain and use domain names within their specific
   area of business, two companies with the same business name, can
   operate domain names on the internet without causing confusion to
   the consumer in exactly the same way they would outside the
   internet. By placing each company under a top level domain that
   describes its business catagory, it will be easier to determine that
   ., the hamburger company, is not ., the gas
   station chain. The mapping scheme is primarily designed to protect
   the consumer from fraud by describing the area of business and to
   establish an identity of the source of goods and services provided
   over the internet. It does not provide any trademark recognition or
   status.

   Most of the conflicts are occuring under the .COM TLD. Since .COM
   is an international name space, each business catagory will require
   its own TLD with international status. This creates new TLDs, but
   what do we do with .COM? As .COM is a miscellaneous collection of
   commercial entities, it is appropriate to label it under catagory
   42 miscellaneous. Companies that are unhappy under the
   miscellaneous catagory are encouraged to vacate .COM and be issued
   with a domain

   The International Trademark Schedule of Goods and Services is
   presented here mostly through lack of better alternatives. It is the
   foundation for classifying the area of business for a given source
   of goods or services. This catagorization is not perfect and it is
   still possible for conflicts to occur, as it is still possible for
   two organizations that do not directly compete in a way to confuse
   the consumer to be both registered under the same catagory under
   the same name outside of the internet. This is especially true in
   the international realm where companies can have identical names and
   never meet to compete geographically. However, this is an area
   where, after a year of many folks on the internet asking, the
   experts continually say there is no solution readily at hand. The
   International Trademark Schedule of Goods and Services is used here
   as a TEMPLATE only. No direct mapping of existing trademarks, future
   trademarks, or other intellectual property is implied or provided.
   At the very worst, this removes most of the existing legal pressure
   from the .COM TLD.

   Currently the International Trademark Schedule of Goods and
   Services has 42 commercial catagories. There are other catagories,
   which existing TLDs appear to cover (like .ORG for organizations).
   Other new TLDs may still need to be created.

   As it is completely impractical to infer any kind of trademark
   ownership to an assigned domain name at the time it is issued, the
   domain names issued still have to aquire that secondary meaning
   through use, and through its ability to determine the source of
   the goods and services provided, in order for a trademark to be
   recognizable or assigned by a trademark authority.

   Some companies say, "So what? We'll go and register under every
   TLD." The answer is in the TLD charter described above and the
   obligation of each registry to enforce that charter. If a TLD's
   catagory/description is for soap, a company should only be able to
   register in that catagory if it has a legitimate soap business. If a
   company has a chemical division, and an oil division, they can
   legitimately be in two TLD's provided that each presence is
   distinguishable from the other. If the company is large enough to
   fill all the catagories, maybe it should think of removing itself
   from this part of the namespace and apply for it's own TLD.
   Provisions for this are also described above.

   The problem this also addresses is the one faced by most companies
   of how to direct their internet presence. Faced with one home
   page, those areas fighting for attention include the annual report
   to shareholders, PR & press releases, assorted company divisions
   publishing their business-to-business information, as well as the
   main consumer presence (tech. support, product info, online
   upgrades, etc.). This mapping scheme could, in theory, allow each
   business unit to establish its own internet presence without
   competing against other internal company resources or outside
   competitors.

   Given that the current choice is the confusion and litigation
   currently witnessed in .COM, or the adoption of new TLD's that can
   catagorize the commercial part of the namespace, it makes sense to
   extend .COM in this manner. If .COM is assigned into this name space
   it should be catagory 42 - Miscellaneous. Some companies will want
   to migrate, but it allows the existing namespace to remain intact.

   [As this document is still a draft, I welcome suggestions for the
   naming of the following top level domains. Ideally these should be
   as short as possible (such as three letters), but this may prove to
   be impossible. At any rate, names should be no longer than twelve
   characters. Also, alternative catagorization schemes are also
   solicited.]

   9.1 Goods

  TLD       International Trademark Schedule of Goods and Services
  ---       ------------------------------------------------------

.CHEM       1. Chemicals used in industry, science and photography, as
               well as in agriculture, horticulture and forestry;
               unprocessed artificial resins, unprocessed plastics;
               manures; fire extinguishing compositions; tempering and
               soldering preparations; chemical substances for
               preserving foodstuffs; tanning substances; adhesives
               used in industry.

.PAINT      2. Paints, varnishes, lacquers; preservatives against rust
               and against deterioration of wood; colorants; mordants;
               raw natural resins; metals in foil and powder form for
               painters, decorators, printers and artists.

.SOAP       3. Bleaching preparations and other substances for laundry
               use; cleaning polishing, scouring and abrasive
               preparations; soaps; perfumery, essential oils,
               cosmetics, hair lotions; dentifrices.

.OIL        4. Industrial oils and greases; lubricants; dust absorbing,
               wetting and binding compositions; fuels (including motor
               spirit) and illuminants; candles, wicks.

.PHARM      5. Pharmaceutical, veterinary and sanitary preparations;
               dietetic substances adapted for medical use, food for
               babies; plasters, materials for dressings; material for
               stopping teeth, dental wax; disinfectants; preparations
               for destroying vermin; fungicides, herbicides.

.METAL      6. Common metals and their alloys; metal building
               materials; transportable buildings of metal; materials
               of metal for railway tracks; non-electric cables and
               wires of common metal; ironmongery, small items of metal
               hardware; pipes and tubes of metal; safes; goods of
               common metal not included in other classes; ores.

.MECHTOOL   7. Machines and machine tools; motors and engines (except
               for land vehicles); machine coupling and transmission
               components (except for land vehicles); agricultural
               implements; incubators for eggs.

.HANDTOOL   8. Hand tools and implements (hand operated); cutlery;
               side arms; razors.

.DATA       9. Scientific, nautical, surveying, electric, photographic,
               cinematographic, optical, weighing, measuring,
               signalling, checking (supervision), life-saving and
               teaching apparatus and instruments; apparatus for
               recording, transmission or reproduction of sound or
               images; magnetic data carriers, recording discs;
               automatic vending machines and mechanisms for coin
               operated apparatus; cash registers, calculating
               machines, data processing equipment and computers;
               fire-extinguishing apparatus.

.CYBORG    10. Surgical, medical, dental and veterinary apparatus and
               instruments, artificial limbs, eyes and teeth;
               orthopedic articles; suture materials.

.UTIL      11. Apparatus for lighting, heating, steam generating,
               cooking, refrigerating, drying, ventilating, water
               supply and sanitary purposes.

.VEHICLE   12. Vehicles; apparatus for locomotion by land, air or
               water.

.WEAPON    13. Firearms; ammunition and projectiles; explosives;
               fireworks.

.JEWEL     14. Precious metals and their alloys and goods in precious
               metals or coated therewith, not included in other
               classes; jewelry, precious stones; horological and
               chronometric instruments.

.MUSIC     15. Musical instruments.

.PRINT     16. Paper, cardboard and goods made from these materials,
               not included in other classes; printed matter,
               bookbinding material; photographs; stationery;
               adhesives for stationery or household purposes;
               artists' materials; paint brushes; typewriters and
               office requisites (except furniture); instructional
               and teaching material (except apparatus); playing
               cards; printers' type; printing blocks.

.PLASTIC   17. Rubber, gutta-percha, gum asbestos, mica and goods
               made from these materials and not included in other
               classes; plastics in extruded form for use in
               manufacture; packing, stopping and insulating
               materials; flexible pipes, not of metal.

.LEATHER   18. Leather and imitations of leather, and goods made of
               these materials and not included in other classes;
               animal skins, hides; trunks and travelling bags;
               umbrellas, parasols and walking sticks; whips,
               harness and saddlery.

.BUILD     19. Building materials (non-metallic); non-metallic rigid
               pipes for building; asphalt, pitch and bitumen;
               non-metallic transportable buildings; monuments, not
               of metal.

.FURN      20. Furniture, mirrors, picture frames; goods (not
               included in other classes) of wood, cork, reed, cane,
               wicker, horn, bone, ivory, whalebone, shell, amber,
               mother-of-pearl, meerschaum and substitutes for all
               these materials, or of plastics.

.HOUSE     21. Household or kitchen utensils and containers (not of
               precious metal or coated therewith); combs and sponges;
               brushes (except paint brushes); brush-making materials;
               articles for cleaning purposes; steel wool; unworked or
               semi-worked glass (except glass used in building);
               glassware, porcelain and earthenware not included in
               other classes.

.ROPE      22. Ropes, string, nets, tents, awnings, tarpaulins, sails,
               sacks and bags (not included in other classes); padding
               and stuffing materials) except of rubber or plastics);
               raw fibrous textile materials.

.YARN      23. Yarns and threads, for textile use.

.TEXTILE   24. Textiles and textile goods, not included in other
               classes; bed and table covers.

.CLOTHES   25. Clothing, footwear, headgear.

.CRAFT     26. Lace and embroidery, ribbons and braid; buttons, hooks
               and eyes, pins and needles; artificial flowers.

.FLOOR     27. Carpets, rugs, mates and matting, linoleum and other
               materials for covering existing floors; wall hangings
               (non-textile).

.GAME      28. Games and playthings; gymnastic and sporting articles
               not included in other classes; decorations for
               Christmas trees.

.MEAT      29. Meat, fish, poultry and game; meat extracts; preserved,
               dried and cooked fruits and vegetables; jellies, jams,
               fruit sauces; eggs, milk and milk products; edible oils
               and fats.

.COND      30. Coffee, tea, cocoa, sugar, rice tapioca, sago,
               artificial coffee; flour and preparations made from
               cereals, bread, pastry and confectionery, honey,
               treacle; yeast, baking-powder; salt, mustard; vinegar,
               sauces (condiments); spices; ice.

.AGRI      31. Agricultural, horticultural and forestry products and
               grains not included in other classes; live animals;
               fresh fruits and vegetables; seeds, natural plants and
               flowers; foodstuffs for animals, malt.

.SODA      32. Beers; mineral and aerated waters and other
               non-alcoholic drinks; fruit drinks and fruit juices;
               syrups and other preparations for making beverages.

.ALCOHOL   33. Alcoholic beverages (except beers).

.TOBACCO   34. Tobacco; smokers' articles; matches.


    9.2 Services

  TLD       International Trademark Schedule of Goods and Services
  ---       ------------------------------------------------------

.BUS       35. Advertising; business management; business
               administration; office functions.

.FIN       36. Insurance; financial affairs; monetary affairs; real
               estate affairs.

.CONST     37. Building construction; repair; installation services.

.TEL       38. Telecommunications.

.TRAVEL    39. Transport; packaging and storage of goods; travel
               arrangement.

.TREAT     40. Treatment of materials.

.EDUTAIN   41. Education; providing of training; entertainment;
               sporting and cultural activities.

.COM       42. Providing of food and drink; temporary accommodation;
               medical, hygienic and beauty care; veterinary and
               agricultural services; legal services; scientific and
               industrial research; computer programming; services
               that cannot be placed in other classes.


10. Appeals

   An appeals process has yet to be defined, and will appear in a
   later draft. IANA is accepted as the appeals body for the purpose
   of this draft.


11. Security Considerations

   There are no known security considerations beyond those already
   existent in the DNS.


12. Acknowlegements

   This memo includes material discussed in the , and
    mailing lists. The International
   Trademark Schedule for Goods and Services is from documentation
   provided by the USPTO. Commissioner Bruce Lehman's words in Section
   2 are from an interview by me in 1993. Some minor passages are
   taken from Jon Postel's current internet domain name registry
   draft.

   Valuable feedback, review, and inspiration have been provided by:

       Jon Postel                
       Karl Denniger             
       Michael Dillon            
       Dan Burk                  
       Greg Woods                

   Many others have contributed in one way or another. I am grateful
   to the many people that point out that "it'll never work!"


13. Author's Address

      Simon Higgs
      Higgs America
      P.O. Box XXXX
      XXXXXXXX, XX  XXXXX-XXXX
      Phone: XXX-XXX-XXXX
      Fax:   XXX-XXX-XXXX
      Email: XXXXX@XXXXX.XXX

Expires 1/7/97