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

["Asaad Y. Alnajjar - Millennium Inc." <alnajjar@any-dns.com>]

Karl

I think that your suggestion in regards "US Federally registered trademark " is
not practical and can not be implemented.
For example, as far as I know, say the trademark "ABCD" that can be registered
as follow:
A) ABCD clothing line by party one
B) ABCD restaurants by party two
C) ABCD cars by party three
D) ABCD computer by party four
E) ABCD magazine vy party five
F) and so forth

Hence which party from above should get ABCD.com keeping in mind all of them
have a valid registered trademark in their prospective line of work?

Unfortunately, with domains first come first serve remains as the only practical
option for now till we find otherwise.

Asaad Alnajjar
CEO Millennium Inc.
Los Angeles, CA, USA




----- Original Message -----
From: "Karl Auerbach" <karl@CaveBear.com>
To: "Johnson, David" <DJohnson@Wilmer.COM>
Cc: "Michael Froomkin - U.Miami School of Law" <froomkin@law.miami.edu>;
<ga@dnso.org>
Sent: Sunday, December 08, 2002 12:05 AM
Subject: RE: [ga] Stolen domains, transfers, WHOIS, audit
trails,andsystemintegrity


> 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.
>
> --karl--
>
>
> --
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