Re: [ga] Stolen domains, transfers, WHOIS, audit trails, andsystemintegrity

[Jeff Williams <jwkckid1@ix.netcom.com>]

Karl and all assembly members,

Karl Auerbach wrote:

> On Sat, 7 Dec 2002, Johnson, David wrote:
>
> > How would you feel about the following two steps to reduce conflict?
>
> > 1. pass a law making clear that failure of a tm holder to "police" it's
> > mark, insofar as the mark is reflected in some way in a domain name, is
> > not a waiver that undermines any regular trademark rights.
>
> You mean like what I suggested at a presentation at the annual meeting of
> the California Bar association about two months ago?:
>
>   We could create a new 15 USC §1130 that says something like:
>
>     No holder of a US Federally registered trademark shall be placed at
>     risk of losing that mark because that person did not register that
>     mark in any or all domain name registries that might be available
>     for such registration.

  This is a very good suggestion.  I wonder about the ramifications regarding

international marks as well as DN's that are similar?  Perhaps those could
also be protected as well while at the same time, DN's registered by other
than the mark holder or mark register of record, will also not be penalized
for the lack of proper policing of the existing Mark holder that may be
similar to that registered DN where the DN registrant is not the same?
Also there is the potential issue of "Common Marks" based on first use
that may be similar but not the same as the actual registered mark holder?

>
>
>         --karl--
>
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Regards,

--
Jeffrey A. Williams
Spokesman for INEGroup - (Over 127k members/stakeholders strong!)
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail jwkckid1@ix.netcom.com
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