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[ga] Re: [wg-c] Branded TLDs
On Tue, Oct 05, 1999 at 10:23:04PM -0700, Roeland M.J. Meyer wrote:
> Please correct me if I am wrong. We now have a massive inequity codified
> as administrative law. A registry must be vulnerable to trademark
> holders yet can not hold a trademark itself. Do you realize the scenario
> NSI operates .COM for 10 years, Joe Scumbag attorney calls up one day
> and says that they registered a trademark, called .COM, and NSI has to
> cough up 30% of their revenue as a trademark license payment, or JS will
> file, and get, an injunction telling NSI to cease and desist use of the
> .COM TLD because it violates JS's trademark.
It can't possibly violates JS's trademark, because by the same rule,
JS can't get a trademark that covers domain registration, either.
Hence, NSI's use does not infringe, and I imagine that NSI's
legendary legal staff would make short work of any such claim.
> NSI could not file TM on
> COM because of this silly ruling.
> This smells like some very old fish. It is not good news. Whomever wrote
> this was not thinking clearly.
An unconsious self-reference, perhaps? :-)
Kent Crispin "Do good, and you'll be
email@example.com lonesome." -- Mark Twain