Re: [wg-c] Do we need a TM law modification?

[Milton Mueller <mueller@syr.edu>]

You misunderstood my point.
Pre-emptive registration by TM holders encourages cybersquatting because it
makes it clear that a TM owner values every conceivable appearance of a name,
regardless of use, traffic, or TLD. Thus, if a cybersquatter registers any such
name first, they know that the TM owner values it and may pay them for it to
avoid litigation.

Many cybersquatters could be defeated simply by ignoring them--especially in an
unrestricted name space.

Robert F. Connelly wrote:

> At 17:45 30-07-99 -0400, Milton Mueller wrote:
> >Pre-emptive registration is not a solution to the problem; indeed, the
> >assumption by TM owners that they must protect marks by registering the
> >names rather than policing for actual infringement actually contributes to
> >the problem, by encouraging cybersquatting.
>
> Dear Professor Mueller:
>
> I fail to see your point.  If "cybersquatting" has been defined as the
> deliberate, bad faith registration of a well known (registered) Trademark,
> the registration by the Trademark holder would not be viewed as
> "cybersquatting".
>
> Regards, BobC
>
> ~~~~~~~~~~~~~~~~~~~~~~~~
> "One test is worth three expert opinions!"
> Ulric B. Bray



--
m i l t o n   m u e l l e r // m u e l l e r @ s y r . e d u
syracuse university          http://istweb.syr.edu/~mueller/