RE: [ga] Unfair?

["William X. Walsh" <william@dso.net>]

On 16-Dec-1999 Randy Canis wrote:
> A client comes into your office with a new business, product, or service.  The client
> selects a name for a trademark or service mark and requests a search.  You receive the
> search, and after reviewing the search and determining that the mark is available, you
> then register for the mark.  Then the client asks "What domain names should we
> register?"
> 
> Under the current laws, that is a difficult question to answer.  The Uniform Dispute
> Policy is admittedly very limited in scope, and it appears that the maximum relief
> available is the cost of the dispute (not including attorney's fees) and transfer of the
> domain name.    
> 
> I believe it is unfair that clients (both big and small) will have to pay $500 or more
> per dispute (in WIPO fees alone) to "settle" a dispute.  I also don't think a client
> should have to register every possible name variation, misspelling, or abbreviation to
> protect themselves from future harm.
> 
> I have created a list of forty suggested alternative marks (listed below) which a
> client may also want to consider registering.  If you consider .org, .net, foreign
> countries, etc. the amount of domain names registered to protect your client's mark
> could be absolutely staggering.   

Gosh darn it, how dare the law require the company to protect its own marks!

Your client has no more right to all of those variations than anyone else does.  The only
thing that would give them the right is the registration and payment for those domains.

--
William X. Walsh - DSo Networks
Email: william@dso.net  Fax:(209) 671-7934