>a) The existing trademark holders agree who will get it (some may waive
>their interest 'cause they already have a domain name in another SLD)

I doubt that at all.  Someone who has a trademark wishes to ensure the
consumer recognises that mark. 

If DNS is to continue being used as a Directory, then people will want FULL
protection.

>b) The existing trademark holders agree to flip a coin/pull names from a
>hat to decide who gets it

I doubt that.  Once the coin tells the story, it will next be the courts.

>c) If they can't agree, no-one gets it.

That won't happen, the Registry will be called to court :)

>After all, if we set up additional SLDs, then there is no shortage and every
>trademark owner can get the name they want at a third level.  It won't be

Not true at all.  This is the problem that currently is being resolved in
the United States.

Start reading about it.

>exclusive - other entities may have the same third level name in another
>SLD, but that's none of the DNS's business.

This is true, but doesn't solve the problem of resellers who already push
name protection in all SLD's.  You have to first rule that one SLD is like
the next.

>Trademark owners don't own names, and with rare exceptions, can't stop
>the use of a name by some other entity.

This isn't true, totally.  They can stop someone using their name to
mislead or who dilutes the use of that name in the view of the public.

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