[ga] RE: [wg-c] Branded TLDs

["Roeland M.J. Meyer" <rmeyer@mhsc.com>]

If and ONLY if, that ruling can be made to stick. There are no absolutes
in law.

> -----Original Message-----
> From: Kent Crispin [mailto:kent@songbird.com]
> Sent: Tuesday, October 05, 1999 10:50 PM
> To: rmeyer@mhsc.com; Martin B. Schwimmer; ga@dnso.org
> Cc: wg-c@dnso.org
> Subject: Re: [wg-c] Branded TLDs
>
>
> On Tue, Oct 05, 1999 at 10:23:04PM -0700, Roeland M.J. Meyer wrote:
> > Please correct me if I am wrong. We now have a massive
> inequity codified
> > as administrative law. A registry must be vulnerable to trademark
> > holders yet can not hold a trademark itself. Do you realize
> the scenario
> > here?
> >
> > NSI operates .COM for 10 years, Joe Scumbag attorney calls
> up one day
> > and says that they registered a trademark, called .COM, and
> NSI has to
> > cough up 30% of their revenue as a trademark license
> payment, or JS will
> > file, and get, an injunction telling NSI to cease and
> desist use of the
> > .COM TLD because it violates JS's trademark.
>
> It can't possibly violates JS's trademark, because by the same rule,
> JS can't get a trademark that covers domain registration, either.
> Hence, NSI's use does not infringe, and I imagine that NSI's
> legendary legal staff would make short work of any such claim.
>
> > NSI could not file TM on
> > COM because of this silly ruling.
> >
> > This smells like some very old fish. It is not good news.
> Whomever wrote
> > this was not thinking clearly.
>
> An unconsious self-reference, perhaps?  :-)
>
> --
> Kent Crispin                               "Do good, and you'll be
> kent@songbird.com                           lonesome." -- Mark Twain
>