Re: [wg-c] Avery-Dennison decision and new gTLDs

[martys@interport.net]

>
>The court also clarified the nature of commercial use in a
>way that is beneficial to ordinary domain name holders:
>
>"Appellants do not use trademarks qua trade-
>marks as required by the caselaw to establish commercial use.
>Rather, Appellants use words that happen to be trademarks for
>their non-trademark value."


I'm not sure that obtaining a domain name such as dennison.net and leasing
it to people named Dennison is a particularly "ordinary" use of a domain
name.  Who is an ordinary domain name holder?



>
>The most important aspect of the opinion however seems to be
>Avery-Dennison's failure to prove "famousness."
>
>http://www.ce9.uscourts.gov/web/newopinions.nsf/f606ac175e010d64882566eb006
>58118/04a35134bff267ca882567d60065ee63?OpenDocument