[ga-full] Re: [ga] About GA membership again......

[John Charles Broomfield <jbroom@manta.outremer.com>]

> But you do get service marks by being first to use them on a product. Thats
> the law.
> I cannot copyright or servicemark the word SATURN, but I can create a motor
> car and call it SATURN and no one else can use
> the word SATURN for their brand of motor cars.
> 
> The product is "Domain Registrations" and the service marks are ".USA,
> .EARTH and .Z".
> 
> Thats the law
> Live with it.
> 
> John

The closest we have to "law" as far as TLDs, SLDs and trademarks goes so
far is available at http://www.uspto.gov/web/offices/tac/notices/guide299.htm
It is the USPTO guidelines on what is or what isn't a trademark WRT TLD's
and SLD's.

From there you get nice quotes like:
"A mark composed of a domain name is registrable as a trademark or service
 mark only if it functions as a source identifier."

Does USA, EARTH or Z identify your company? Nope, so you don't have a TM.
Even clearer in the same document:
"If a mark is composed solely of a TLD for "domain name registry services"
 (e.g., the services currently provided by Network Solutions, Inc. of
 registering .com domain names), registration should be refused under
 Trademark Act §§1, 2, 3 and 45, 15 U.S.C. §§1051, 1052, 1053 and 1127, on
 the ground that the TLD would not be perceived as a mark"

You claim to be the first to use USA, EARTH and Z as a TLD. Even accepting
that as the case, your mark is solely the actual TLD. It is for registration
purposes of names under that TLD, so no biscuit either.

As far as living with the law, yup... It looks good so far, though has
suddenly been clarified in such a way to throw the claims of all those
"I-DEMAND-to-have-my-own-TLD" guys down the drain.

Enjoy, but 'fraid you can't claim ownership of EARTH, USA or Z.
(logical anyway)

Yours, John.
--
This message was passed to you via the ga-full@dnso.org list.
Send mail to majordomo@dnso.org to unsubscribe
("unsubscribe ga-full" in the body of the message).
Archives at http://www.dnso.org/archives.html