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New blockchain top-level domains: first come, first served?

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First come, first served, so don’t be lateShakespeare writes that measure for measure, 1616. “First come, first served” is a common law proverb that means privileges are abolished.Everyone is free to go and grind grain wherever they want, but millers are not free to provide the last grain before the first” (J.-L.-Alexandre Bouthors, Les Proverbes, dictons et maximes du droit Rural Traditions, A. Durand (Paris), 1858, n ° 57, p. 120, translated from French). In the context of intellectual property: “First come, first served, that’s the only principle that inventors should be treated with(GGM Hardingham, « Lettre de Grande-Bretagne », La proprieté industrielle, 1892, No. 9, p. 128, translated from French).

In fact, this regulation constitutes one (but not the only) pillar of intellectual property law. Law recognizes the rule of common sense by granting exclusive rights to the original creator of a work, invention, or trademark. Common sense also teaches that exclusive rights cannot be granted to creations that lack originality (copyright), novelty (patent law), or distinctiveness (trademark law).

What about creating a generic top-level domain? There is an issue with the alternate (non-DNS) top-level domain (TLD) .WALLET that is currently the subject of a dispute between Unstoppable Domains (first participant) and Handshake (second participant). The word “wallet” cannot give rise to trademark rights given its descriptive nature (as it is intended to be used in connection with crypto financial services). The impossibility of .WALLET TLDs should, in principle, favor freedom of trade, thus allowing the coexistence of two or more .WALLET TLDs. However, such situations are not necessarily desirable for operators, intellectual property owners, or authorities. So, I feel somewhat gratified to have to welcome the recent announcements from Unstoppable Domains. On October 18, 2022, the company, which created several alternative extensions including .COIN and .WALLET, announced that his competitor Emercoin was previously .COIN (unstoppabledomains.com, October 18, 2022). Unstoppable Domains therefore imposes a first-come, first-served principle. However, abandoning .COIN does not mean being chivalrous towards Emercoin. In fact, the value of .WALLET may exceed the value of .COIN immeasurably (iptwins.com, 2022-09-07). The .COIN exemption is purely strategic. In fact, just as before an opponent (handshake), even before a judge, Unstoppable Domains cannot support the doctrine of monopoly (each top-level domain is unique) and an alternative registry (Emercoin) has previously created the .COIN and cannot hold the .COIN at the same time. So by letting go of the .COIN, Unstoppable Domains sends a solid message to Handshake and the judges. Betting is risky, but it also shows the value unstoppable domain blockchain, domain name, competition, first come first serve, unstoppable domain, handshake, wallet, coin, emmercoin, web 3s quote .WALLET!

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