Re: [ga] Topic: Fair Use Domain Name Registration

[Joseph Friedman <josephf@touro.edu>]

Randy,

You are right on the mark.  A situation as you describe is completely
legitimate.  And domain name holders must be protected from overzealous
trademark holders who may attempt to wrestle away a domain name containing
a trademark they own from someone who is legitimately using it in another
industry or jurisdiction.

You do not need to own a trademark to a name to legitimately use the name.

--Joseph

On Thu, 13 Jan 2000, Randy Canis wrote:

> Here's something to ponder:
> 
> You decide to register a domain name for a new product (for example, hair spray) that you just though of, and you diligently check to see if there are any trademarks which match the domain name you've selected.  You find there is, but it is for an entirely different product/service (for example, race car tires).
> 
> If you register the domain name without having first filed a trademark, have you done anything wrong/illegal?  Should there be a requirement to file for a trademark (or an intent-to-use)  when there is already a preexisiting mark?  
> 
> Opinions?
> 
> Randy
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