Re: [ga] Domain names as observed

["L Gallegos" <jandl@jandl.com>]

Hi Sotiris,

On 28 Jul 2001, at 3:24, Sotiris Sotiropoulos wrote:

> L Gallegos wrote:
> 
> > Precisely, Sotiris.  Amazon.com is the name of the company and
> > the source of goods and services.  It is not simply an address for a
> > website.  One cannot trademark a domain name just as a domain name. 
> > It is the mark before the "." that is the tm.  For instance, I
> > cannot trademark biztld.net.  It is not the name of the company and
> > is just one of several addresses used for the .biz registry.
> 
> Leah, first off, there are plenty of trademarks that are not company
> names... just catchy words or slogans, witness CITIUS ALTIUS FORTIUS
> Serial Number 89000109 (A B . G & S: NO GOODS/SERVICES STATEMENT ON
> TRAM).
> 
> Next, since when does the qualification of the trademarkability of a
> domain name stand in the way of the "Rocket Dockets", and UDRP
> Resoloution Providers, and the AntiCybersquatting Act, in their de
> facto definition of the trademark status and/or claim to the
> "re-useable" tag/domain name?
> 

We're talking apples and oranges.  My post referred to USPTO 
guidelines only with regard to domain names.  I did not refer to any 
other country's tm laws, UDRP or the ACPA, both of which are 
horrendous.

The UDRP, IMO, is theft by fiat and has its own set of rules that 
supersede national and local law.  Arbitrators ignore law in many 
cases.  The ACPA is similar in that it is so badly worded that it 
provides rights not intented by the Lanham Act at all and 
supplements the UDRP quite well - theft by covetous parties.

I have always maintained that a registrant should be able to enjoy 
the use of that registration without having to worry about it being 
taken away arbitrarily.  That does not mean, however, that any 
domain name holder should be allowed to actually infringe on third 
party rights.  However, determination should be based on use, not 
the name itself.  

Please do not mistake my previous post regarding tm guidelines 
for domain names to imply that I agree with it or that it referred to 
anything else.

Leah


> Sincerely,
> 
> Sotiris Sotiropoulos
> 
> 
> 


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