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RE: [ga] Interesting WIPO ruling re: NewZealand.biz


In a way, if I were to register ACUPOFCOFFEE.COM, it does prevent everyone
else but me to call a cup of coffee exactly that IN THE DNS. That's my
point.

By the way, let me state that this thing I said about my thesis is as yet
only a theory of mine; I haven't yet had the opportunity to challenge any
generic registrations in court. And what I said was only that IP specialists
here SEEM to agree, nothing more.

Atentamente, Regards
Rodrigo Orenday Serratos



-----Mensaje original-----
De: Thomas Roessler [mailto:roessler@does-not-exist.org]
Enviado el: Jueves, 10 de Octubre de 2002 05:26 PM
Para: Rodrigo Orenday Serrato
CC: 'John Berryhill Ph.D. J.D.'; ppoblete@nic.cl; 'Andy Gardner';
ga@dnso.org
Asunto: Re: [ga] Interesting WIPO ruling re: NewZealand.biz


On 2002-10-10 16:32:36 -0500, Rodrigo  Orenday Serrato wrote:

>1. Mexican trade & service mark and copyright laws are of public
>interest, and they forbid the appropriation of generic terms,
>amongst others.

What kind of appropriation?

Registration of a domain name only means appropriation in that
specific "space".  Registering coffee.org does not prevent anyone
else from calling a cup of coffee "a cup of coffee".  (And it also
doesn't prevent anyone else from registering coffee.com, by the
way.)

That's vastly different from the kind of appropriation which would
be implied by an appropriate trademark registration of the term
"coffee".  (Which indeed better should not happen.)

--
Thomas Roessler                        http://log.does-not-exist.INFO/

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