Re: [wg-c] trademark law & new gTLDs

[Milton Mueller <mueller@syr.edu>]

Martin B. Schwimmer wrote:

> Trademark laws act preemptively.

But a domain name is not an application for a trademark. I thought that this
distinction was obvious.

> If I own a registration for EXAMPLE for
> widgets, and a third party files an ITU application for EXAMPLE (or
> something similar) for widgets (or something similar), the trademark office
> will refuse registration, regardless of whether the applicant ever made
> use.

Again, you are talking about competing or conflicting *trademark
applications.*We on this list are discussing domain name registrations.

Whether a domain name registration conflicts with a tm application cannot and
should not be determined prior to use.

> So attacking registration "in advance of use" is not "well beyond trademark
> law" but is in fact the universal norm.

Nice try. Add to "universal norm" the words "in trademark registration" and you
are correct.

> but thanks for the free legal advice.

ditto

--
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/