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Re: [wg-b] newyorkyankees.com suit
There's a lot to what you have said that I agree with and my following
point does not speak to whether or not a sunrise period is an accepatable
alternative to exclusions (it might well be). It's just that your comment
"all the remaining names are fair game") may suggest you believe that the
failure of the Yankees to choose any particular name would give rise to
some type of acquiescence/estoppel argument at a later date.
Because then the Yankees might need to register:
and so on in every new unrestricted gTLD, not because they want to use them
as domain names but because someone might pirate them otherwise. Multiply
that by every valuable mark in the world and I want to be the exclusive
registrar for an unrestricted gTLD.
If there is a sunrise provision there it should be expressly stated that
for purposes of the UDRP or other proceedings involving the name, that
there should be no inference drawn as to why a trademark owner did not
utilize the sunrise provision.
At 04:37 PM 12/29/99 -0500, you wrote:
>Thanks for sharing this, Mr. Schwimmer.
>This is a very good example of a lawsuit that would never have happened if
>there had been a "Sunrise Period" for .com -- much like what Mike Palage is
>suggesting in his most recent position paper concerning rolling out of new
>If the NY Yankees had had a 90-day period before the gTLD was open to the
>public to claim domain names it felt was rightfully its property and
>trademark, then the Yankees would never would have had to file this suit
>because they would have already registered it. And if by chance, the
>Yankees didn't claim this name during the "sunrise period," the current
>owner of this name would not be facing a suit because the Yankees would
>have no legal authority to claim it.
>A fantastic reason to adopt the "sunrise provision." Give them all a chance
>to claim their trademarks and protected names and then open it to the
>public where all the remaining names are fair game.
>"At 03:18 PM 12/29/99 -0500, Martin B Schwimmer wrote:
>>The registrant may in fact be a Mets fan.
>>NEW YORK YANKEES would be an example of a unique famous mark.
>>@ @ @ @ @ @ @ @ @
@ @ @ @ @ @ @ @ @