Re: [wg-c] Retraction of previous proposal

[Milton Mueller <mueller@syr.edu>]

Rita M. Odin wrote:

> While the mere registration of a conflicting domain name does not per se constitute infringement, the use of a conflicting domain name can infringe or dilute a trademark/service mark.

Yes.

> Whether or not property rights attach to a domain name is strictly dependent upon the manner in which the domain name is used.

We agree entirely.

> If someone uses the domain name in a trademark/service mark sense (i.e., it is used in the advertisement of goods/services by displaying it, e.g., on the website) then it becomes a trademark/service mark.   Clearly, domain names and trademarks/service marks are closely related, especially in light of the method of use employed by many business on the Internet.

Domain names and TMs *can be* (as opposed to "are") closely related when they are used in a commercial context. You will of course concede that not all domain names are used in a commercial context.

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