Re: [ga] Some other ideas about the questions... [ga-udrp] UDRP Questionna ire

["William X. Walsh" <william@userfriendly.com>]

Hello Marilyn,

Saturday, June 30, 2001, 1:45:45 PM, Cade,Marilyn S - LGA wrote:

>> >the policy should be limited to registered marks? [THIS IS A COMMENT:
> BOTH THE U.S. AND THE UK, TO MY KNOWLEDGE ACCEPT COMMON LAW RIGHTS.]

Yes, but common law rights are so unclear in many cases, that it is
probably a good idea to have them excluded from mandatory arbitration,
and leave them to the courts.

>  
>> >004.    Should generic names, geographical names, initials and numbers be
>> >protected from claims by any trademark or name rights' owner, regardless
> of
>> >the owner's fame? AND IF SO, IS THE CONSISTENT WITH APPLICABLE LAWS?

Doesn't matter.  If we exclude them from the UDRP, the trademark
holders still have the right to go to court.  The UDRP doesn't have to
provide mandatory arbitration for every type of IP claim out there.



-- 
Best regards,
William X Walsh <william@userfriendly.com>
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