[wg-b] Citation of the Day re: Sunrise Proposal

["John Berryhill Ph.D. J.D." <john@johnberryhill.com>]

"Nothing in trademark law requires that title to domain names that
incorporate trademarks or portions of trademarks be provided to trademark
holders.  Instead, the law simply prevents others from making use of a
company's trademarks in a manner likely to confuse the consuming public."

Washington Speakers Bureau, Inc. v. Leading Authorities Inc., 51 USPQ2d
1478, (E.D. Va. 1999)

Since we all agree that there is such a thing as fair use, but we may not
agree over whether a particular instance constitutes fair use, what sense
does it make to implement a policy that corresponds to "nothing in trademark
law" and pre-empts any use at all?