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RE: [wg-b] Reality checks [the grateful dead(hits)]

For the sake of completeness, I would add that I can find nothing improper
on the face of it with Porsche objecting to porschebank.com or
porschelynn.com, or the Academy objecting to theoscars.com. Nothing in these
domain name is a clear message.

Steve Hartman
Nabisco, Inc.

> -----Original Message-----
> From:	Hartman, Steve 
> Sent:	Tuesday, December 14, 1999 12:51 PM
> To:	'erony@marin.k12.ca.us'; wg-b@dnso.org
> Subject:	RE: [wg-b] Reality checks [the grateful dead(hits)]
> I believe it is reasonable to exclude those domain names that contain the
> string "oreo," the string is not part of another word (eg, choreography)
> and the domain name does not immediately and directly communicate a clear
> message. On that basis, I would exclude all of the domain names listed
> below. None of the domain names cited, in my view, have a communicative
> value greater than the potential for confusion or mistake or misuse. I do
> not accept the slippery slope argument. That does not mean that there are
> domain names that are "hard cases, " but they can and should be handled on
> an individual basis, probably by the courts, precisely because they are
> close cases that require careful balancing of rights.
> Steve Hartman
> Nabisco, Inc.
> 	-----Original Message-----
> 	From:	erony@marin.k12.ca.us [SMTP:erony@marin.k12.ca.us]
> 	Sent:	Tuesday, December 14, 1999 11:44 AM
> 	To:	wg-b@dnso.org
> 	Cc:	Hartman, Steve
> 	Subject:	RE: [wg-b] Reality checks [the grateful dead(hits)]
> 	Steve Hartman wrote:
> 	>I am not sure of the point you are making. Obviously, if oreo.com
> is
> 	>excluded, then so should oreos.com and other non-material variants.
> I don't
> 	>consider the line between ihateoreos.com, on the one hand, and
> oreo.com and
> 	>its non-material variants to difficult to draw.
> 	You are describing both extremes of the spectrum, but what about
> those
> 	variants that are less obvious?   MyOreos? iOreos?  Oreos2K?
> Oreos4us?
> 	OreosNMore?  PlanetOreos?  It's a slippery slope.
> 	Take a look at the Porsche suit to see a list of variants (129 of
> them)
> 	that the trademark owner thought should be excluded.  It includes
> 	PorscheBank and PorscheLynn (an adult movie star).
> 	Or the suit filed by the Academy of Motion Picture Arts and Sciences
> which
> 	listed theoscars.com as one of the domain names it challenged.
> Would that
> 	be "the Oscars" or Theo's Cars?
> 	Indeed, a slippery slope.
> 	Ellen Rony
> Co-author
> 	The Domain Name Handbook         ____
> http://www.domainhandbook.com
> 	========================     ^..^     )6
> =============================
> 	ISBN 0879305150              (oo) -^--                   +1 (415)
> 435-5010
> 	erony@marin.k12.ca.us            W   W
> Tiburon, CA
> 	               Dot com is the Pig Latin of the Information Age.