Re: [ga] Domain names as observed (was Tucows Response toCochetti Transfer Letter)

[Eric Dierker <eric@HI-TEK.COM>]

Dear Joanna,

Timing is everything and the rules you refer to are not that old.  There was a
time when a .com was something *original* as well it should have been.  Brick
and Mortar may not be necessary but use and comprehensive protection of a mark
are important.

Thank goodness things change, maybe not always for the better but at least we
try.

But all of this should just be elemental  -  in other words one piece of a
larger puzzle.  We are blessed with systems that take things in incremental
measures and decisions are supposed to reflect the Res Gestae and gravaman of
the situation.  They also must take into account political and economic
pressures.  This is why the UDRP is so dangerous.  It protects that which is
already well protected by political and economic pressures and adds a
guillotine to the poorer.  Laws and rules should be implemented to protect the
poor and power impoverished not the rich and powerful.  Privacy is another such
lion's den, we must give the lowly gladiator at least a knife if not a sword.

Limits are there and we must have the courage to push those limits and risk
self.  The status quo is unacceptable and so it is up to us within the bubble
to burst it and allow the others in.

How do you protect the innocent and ignorant? You sacrifice self for good!

Ultreya,
Eric

Joanna Lane wrote:

> Leah,
>
> This doesn't fit with my understanding. The trademark is not for "Amazon",
> it is for "Amazon.com", the ".com" being very much a part of the name being
> trademarked (under numerous categories, not just the one cited by Sotiris),
> but the ".com" is explicitly excluded as a trademark in isolation of the
> "Amazon" (that being clearly stipulated in all DN trademark applications I
> have seen). Also, it is not necessary to have a bricks and mortar operation
> for a trademark, it can be purely e-commerce. IANAL, but I did talk to the
> US Trademark Office in general terms about this a while ago.
>
> Regards,
> Joanna
>
> on 7/28/01 3:14 AM, L Gallegos at jandl@jandl.com wrote:
>
> >
> > Precisely, Sotiris.  Amazon.com is the name of the company and
> > the source of goods and services.  It is not simply an address for a
> > website.  One cannot trademark a domain name just as a domain
> > name.  It is the mark before the "." that is the tm.  For instance, I
> > cannot trademark biztld.net.  It is not the name of the company
> > and is just one of several addresses used for the .biz registry.
> >
> > Leah
> >
> >
> > On 28 Jul 2001, at 2:51, Sotiris Sotiropoulos wrote:
> >
> >> L Gallegos wrote:
> >>
> >>> As for trademarking a domain name, in the US, it can't be unless it
> >>> is more than just the address for a website.  The domain name
> >>> itself, as a domain name, is not trademarkable - at least according
> >>> to the USPTO guidelines.
> >>
> >>> From the USPTO:
> >>
> >> Word Mark: AMAZON.COM
> >>
> >> Goods & Services: IC 035. US 100 101 102. G & S: computerized on line
> >> search and ordering service featuring the wholesale and retail
> >> distribution of books, music, motion pictures, multimedia products and
> >> computer software in the form of printed books, audiocassettes,
> >> videocassettes, compact disks, floppy disks, CD ROMs, and direct
> >> digital transmission. FIRST USE: 19950415. FIRST USE IN COMMERCE:
> >> 19950415
> >>
> >> Mark Drawing Code  (1) TYPED DRAWING
> >>
> >> Serial Number: 75277670
> >>
> >> Filing Date: April 18, 1997
> >>
> >> Published for Opposition: March 31, 1998
> >>
> >> Registration Date: June 23, 1998
> >>
> >> This looks like a TM to me. (Also, not only is it a WORD MARK Tm, but
> >> it is of the most coomon TM variety: (1) TYPED DRAWING (1,729,236
> >> occurences of this type of TM in the USPTO)
> >>
> >> IANAL,
> >>
> >> Sotiris Sotiropoulos
> >>
> >>
> >>
> >> --
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> >
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