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Re: [wg-c] Retraction of previous proposal
Milton Mueller wrote:
>Domain names and TMs *can be* (as opposed to "are") closely related when they are used in a commercial context. You will of course concede that not all domain names are used in a commercial context.
But many are, so the problems still exist. Further, even where the domain name in question is not used in a "commercial" context there may still be dilution/infringement, depending upon the facts of a particular case.
Rita M. Odin
>>> Milton Mueller <firstname.lastname@example.org> 07/29 11:45 PM >>>
Rita M. Odin wrote:
> While the mere registration of a conflicting domain name does not per se constitute infringement, the use of a conflicting domain name can infringe or dilute a trademark/service mark.
> Whether or not property rights attach to a domain name is strictly dependent upon the manner in which the domain name is used.
We agree entirely.
> If someone uses the domain name in a trademark/service mark sense (i.e., it is used in the advertisement of goods/services by displaying it, e.g., on the website) then it becomes a trademark/service mark. Clearly, domain names and trademarks/service marks are closely related, especially in light of the method of use employed by many business on the Internet.
Domain names and TMs *can be* (as opposed to "are") closely related when they are used in a commercial context. You will of course concede that not all domain names are used in a commercial context.
m i l t o n m u e l l e r // m u e l l e r @ s y r . e d u
syracuse university http://istweb.syr.edu/~mueller/