[ga] Priority in Trademark Registration

Hey Joe, you can't argue with a lawyer like that. Just tell them that the word "speculation" really means "property rights" and they shut up and go to sleep. As far as Michael's main point

> What is it, exactly, about permitting trademark owners priority to register

>their trademarks as secondary names in new commercial domains
>that threatens the structure of the Internet or free speech?

The answer is as follows:

(1) It is a well-known legal maxim that "he who asserts, must prove". Therefore those claiming PRIORITY must show that their private rights supersede the public rights to domain names.

(2) There are a multitude of classes of goods and services recognised in international trade-mark law (see, for example, the 42 categories below in Australia). These classes are not ranked by hierarchy making it impossible to determine competing claims to the same trade-mark.

(3) With dot coms being used internationally, there is extreme doubt that trademarks registered in the US should have priority over those registered in perhaps 200 other countries.

(4) And even within the US there are competing claims between Federal and State systems of registration. For example, which State would take precedence in a dispute between competing registrations in different States? Or should federal law prevail thus denying States' rights?

(5) Even within the trademark system, there is a serious conflict between trademark legislation and common law rights. This is a matter for the Courts to determine on a case-by-case basis.

(6) From a practical viewpoint, the creation of a bureaucracy to allocate domain names on the basis of competing claims, is fraught with danger. Apart from the cost involved, it will inevitably lead to claims of bias, unfair process and delay.

(7) To ensure fair play, an administrative appeal process will need to be established which in turn is subject to judicial review and appeal. This is an unnecessary hindrance.

Of course, all of this makes work for lawyers giving them a "gravy train" to feed on. They are not stupid, just greedy.

Patrick Corliss

The following is a listing of the 42 classes of goods and services in Australia. While not a complete list, it gives an indication of what goods and services fall in each class.

Classes of goods

1. Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry

2. Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colourants; mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists

3. Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices

4. Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles, wicks

5. Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides

6. Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores

7. Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand operated; incubators for eggs

8. Hand tools and implements (hand operated); cutlery; side arms; razors

9. Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus

10. Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopaedic articles; suture materials

11. Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes

12. Vehicles; apparatus for locomotion by land, air or water

13. Firearms, ammunition and projectiles; explosives; fireworks

14. Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewellery, precious stones; horological and chronometric instruments

15. Musical instruments

16. Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists’ materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); playing cards; printers’ type; printing blocks

17. Rubber, gutta-percher, gum, asbestos, mica and goods made from these materials and not included in other classes; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal

18. Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery

19. Building materials (non-metallic); non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal

20. Furniture, mirrors, picture frames; goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics

21. Household or kitchen utensils and containers (not of precious metal or coated therewith); combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steel wool; unworked or semi-worked glass (except glass used in buildings); glassware, porcelain and earthenware not included in other classes

22. Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes); padding and stuffing materials (except of rubber or plastic); raw fibrous textile materials

23. Yarns and threads, for textile use

24. Textiles and textile goods, not included in other classes; bed and table covers

25. Clothing, footwear, headgear

26. Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers

27. Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile)

28. Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees

29. Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and fats

30. Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking powder; salt, mustard; vinegar, sauces (condiments); spices; ice

31. Agricultural, horticultural and forestry products and grains not included in other classes; living animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt

32. Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages

33. Alcoholic beverages (except beers)

34. Tobacco; smokers’ articles; matches

Classes of services

35. Advertising; business management; business administration; office functions

36. Insurance; financial affairs; monetary affairs; real estate affairs

37. Building construction; repair; installation services

38. Telecommunications

39. Transport; packaging and storage of goods; travel arrangement

40. Treatment of materials

41. Education; providing of training; entertainment, sporting and cultural activities

42. Providing of food and drink; temporary accommodation; medical, hygienic and beauty care; veterinary and agricultural services; legal services; scientific and industrial research; computer programming; services that cannot be placed in other classes.