Re: [wg-c] Setting a bad example

["Rod Dixon" <rod@cyberspaces.org>]

It's apparent that terms like cybersquatting and cyberpiracy have fuzzy
meanings for many people. If the terms are limited to TM issues, then the
registration of domain names like "drug" cannot constitute cybersquatting.
Drug is a generic term since it clearly refers to a type of *good,* not a
specific good. More important, I wonder whether an empirical study would
support Mark's point? I suspect that a substantial number of domain name
trading/sales have included terms either simply not TMs or too generic to be
classified as TMs, despite the widespread argument to the contrary.


Rod Dixon, J.D., LL.M.
Visiting Assistant Professor of Law
Rutgers University School of Law - Camden
rod@cyberspaces.org
http://www.cyberspaces.org



----- Original Message -----
From: Mark C. Langston <skritch@home.com>
To: Kevin J. Connolly <CONNOLLK@rspab.com>
Cc: <wg-c@dnso.org>
Sent: Thursday, August 05, 1999 4:57 PM
Subject: Re: [wg-c] Setting a bad example


>
> On 5 August 1999, "Kevin J. Connolly" <CONNOLLK@rspab.com> wrote:
>
> > It bears noting that "drug.com" in the context of pharmaceuticals
> >does not infringe or implicate any kind of trademark I can imagine.
> >"Drug" is at best descriptive, if not generic, in this context (I've
> >always been fuzzy about whe re there line between generic and
> >descriptive come in, but in this case, I'm reasonably sure, there's
> >no trademark involved).
> >
> > I.e., it's not cybersquatting to register "drug.com" intending to
> >sell it to a drug company, "auto.com" for sale to a car company, or
> >"propellorbeanie.com" for sale to the IETF :-)
>
> I didn't mean to imply that there was anything infringing about drug.com.
> But it's this kind of behavior that encourages other people to go out
> and buy up every domain name they can get their hands on, hoping for
> a huge payoff from large companies, which leads to the infringement
> battles and the policing headaches the companies fear.  In short,
> the TM interests tend to create self-fulfilling prophecies by dangling
> this sort of cash in front of DN holders.
>
> --
> Mark C. Langston      Let your voice be heard:
> mark@bitshift.org      http://www.idno.org
> Systems Admin     http://www.icann.org
> San Jose, CA      http://www.dnso.org
>