Re: [wg-b] Lockheed case

[Judith Oppenheimer <joppenheimer@icbtollfree.com>]

For the record, I fully support the tm owner's right to seek remedy in
trademark court.

But yesterday's ruling that registrars cannot be held liable for the
names they register, also states, "NSI does not supply the domain-name
combination.... Where domain names are used to infringe, the
infringement does not result from NSI's publication of the domain name
list, but from the registrant's use of the name on a web site or other
Internet form of communication in connection with goods or services..."
(Lockheed Martin Corp. v. Network Solutions, Inc. , --- F.3d ----, 1999
WL 965618 (9th Cir.(Cal.), Oct 25, 1999) (NO. 97-56734)

The FCC also states,  "Although we recognize commenters' concerns
regarding trademark infringement and unfair competition, we find that
those issues properly should be addressed by the courts under the
trademark protection and unfair competition laws, rather than by the
Commission."  (FCC CC Docket No. 95-155 Toll Free Service Access Codes,
FOURTH REPORT AND ORDER AND MEMORANDUM  OPINION AND ORDER , Adopted:
March 27, 1998 Released: March 31, 1998, Para 22.)

As for cybersquatters, fact is in my business, reverse hijackers far
outnumber squatters.

I represent two kinds of clients:  big companies that buy 800 numbers
when they can't steal them, and smaller user victims of big companies,
when they can (steal them.)

Big companies have a "divine right" mentality when it comes to 800
numbers, domain names, etc.  Sure, there are cybersquatters, and like
any other trademark infringer, they deserve whatever losses and
penalties the courts impose.

But a legal and/or regulatory endorsement of  "divine right" throws out
the baby with the bath water.  Ultimately, I believe any "divine right"
policies and rulings will be challenged and overturned.

Judith


Milton Mueller wrote:

> Wise words:
>
> "Where domain names are used to infringe, the infringement does
> not result
> from NSI's publication of the domain name list, but from the
> registrant's
> use of the name on a web site or other Internet form of
> communication in
> connection with goods or services.... NSI's involvement with the
> use of
> domain names does not extend beyond registration"
>
> Lockheed Martin Corp. v. Network Solutions, Inc.
> , --- F.3d ----, 1999 WL 965618 (9th Cir.(Cal.), Oct 25, 1999)
> (NO.
> 97-56734)

--
Judith Oppenheimer, 1 800 The Expert, 212 684-7210
mailto:joppenheimer@icbtollfree.com
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Acquisition Management, Lost 800 # Retrieval, Litigation Support,
Regulatory Navigation, Correlating Trademark and Domain Name Issues.