I just got done rereading these new sunrise provisions for dotBIZ and
dotInfo, then I spent an hour with an Attorney who is not versed in Internet
Law and explained the situation. He was shocked and related it to
matters such as insider trading.
My friend is named Ford, why should Ford motor company get a headstart
on my friend? The answer is so obvious that they should not that
it is just silly.
When I launch the pre-registration of a TLD on Monday can anyone give
me a legal or moral reason to give the TM holders a headstart?
In light of the US case, you may also be interested
in a recent UK Court of
Appeal Judgement which confrirmed a High Court decision to refuse
registration in the UK of the mark "800-FLOWERS" by US entity 1-800-FLOWERS
Inc. It can also be seen as having relevance to attempts to register
domain
names as trademarks.
The CA judgement is at
http://porch.ccta.gov.uk/courtser/judgements.nsf/5cbcc578c01a9c0280256717006
1b8c6/784a2781a6d3659580256a4f004f1e22/$FILE/1-800_Flowers_Inc_v_Phonenames+
Ltd.htm
Or you can find it via the link on the June 2001 section of the What's
New?
pages on our website www.pagehargrave.co,uk
Keith Gymer
PAGE HARGRAVE
Manfield House
1 Southampton Street
London WC2R 0LR
T: +44 (0)20 7240 6933
F: +44 (0)20 7379 0268
Email: london@pagehargrave.co.uk
Web: www.pagehargrave.co.uk
----- Original Message -----
From: "NameCritic" <watch-dog@inreach.com>
To: <ga-udrp@dnso.org>
Cc: <ga-wipo@dnso.org>
Sent: 16 June 2001 02:13
Subject: [ga-udrp] TM not infringed on by registering a domain name
Court finds that just registering a domain name does NOT infringe upon
the
TM of the same or similar name. Only USE of the domain name to compete
could
be an infringement. Finally somebody gets the point.
http://www.pf.com/cgi-bin/om_isapi.dll?clientID=1857285&advquery=%5bGroup%20
NEWS2157%5d&infobase=ilr&recordswithhits=on&softpage=ILRNews
Chris McElroy aka NameCritic
--
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