I think this is the right analysis. I also note that, while
"npr." might not be the best example, it that scenario unfolded,
NPR might have grounds to complain that the IETF's actions
interfered with their use of the ICANN-assigned public root TLD
and hence with their exercise of trademarks, etc.
Now we're deep into anyone can sue anyone for anything territory. A
quick look at the USPTO database finds registrations for "NPR" from
both National Public Radio and Nippon Piston Rings (really.) The
public radio trademark for the three letters, as opposed to the logo,
was only filed last October and is still in the challenge period,
while the piston ring acronym was filed in 2006, so the latter
trademark is considerably senior. Who knows who'd win a fight about
.NPR? It's lucky we're not going to find out.
But as I keep saying, we're engineers. and part of engineering is
dealing with the real rather than the ideal.
I entirely agree that we should discourage people from inventing new
naming schemes that borrow top level names in the DNS. Life would be
easier all around if they put them under .ARPA or .ALT or made them
not look like domain names. But since we are not the Network Police,
people will do whatever they do, and we as engineers need to make it
work as best we can.
So if some maniac invented a new application that used .COCA-COLA
outside the DNS, and we found that millions of other maniacs around
the world were using it, our job as engineers is to make things work,
which would likely involve saying that .COCA-COLA can't be in the DNS.
It's not hard to imagine some people who'd be dismayed at that, but I
don't see that as our problem.
R's,
John