Re[3]: [wg-c] Retraction of previous proposal, re, revisted

["William X. Walsh" <william@dso.net>]

Friday, August 13, 1999, 1:38:07 PM, William X. Walsh <william@dso.net> wrote:

> Friday, August 13, 1999, 6:46:02 AM, Robert F. Connelly <rconnell@psi-japan.com> wrote:

>> At 04:43 13-08-99 -0700, Roeland M.J. Meyer wrote:
>>>Yes and yes, but not the way you stated. I don't think I need to
>>>explain, to an IP attorney, that a trademark can be any qualifying
>>>string and that if that string is also used, intentionally, by the
>>>trademark holder, as a TLD, that they own/operate/license, then that TLD
>>>becomes pretty well protected. I think we have enough case-law that such
>>>a statement would hold an argument, maybe even an actual case?

>> Dear Roeland:  Certainly you are correct.  The issue which was been debated 
>> was whether USPTO had issued a trademark for a domain name, specifically 
>> for a TLD such as ".web".  Or would they in the near future.  I believe it 
>> is correct that they have not and would not likely do so in the near future.

> I do not believe you are correct here, Bob.  As a matter of fact, CORE
> has applied for trademarks on the TLDs they want to lay claim to as
> well.

I wanted to add to this that this is one of the reasons why I think it
is important to include in any contract between ICANN and registries
that should the TLD registry become insolvent or unable/unwilling to
continue operations, or otherwise be out of compliance with their
contract, that they transfer rights to the TLD and any/all related IP
as laid out in the contract.


--
William X. Walsh - DSo Internet Services
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