Re: [wg-review] Trademarks and UDRP

[Salt <salt@spiced.com>]

No, not correct.  In the USA, Trademarks are registered with the
federal government at some expense.  This covers all of the states of
the union.  A conflict where the same mark/name is held in another
say, "English" writing country does exist and happens.   If the alien
company went to the US to establish some business and searched the
registry of trademarks and names,  they would find the name taken so,
would have to find another name to use in that domicile.  The same
would be true if a USA company went to the others land with a desire
to use their national tradename and found it was already used in this
new market by a legitimate concern (being one that is not trying to
impersonate the famous mark as to who they are.)     

For this discussion where the possibility of a tradename/domain name
conflict exists,  is it not the responsibility of the entity wishing
to newly register a name, liable to at least check to see and verify
the availability of the chosen word in the national registry?  Why
should the already registered name holder have to pay to defend his
already protected mark/name?  

Where both say, english writing companies wish to use their trade
names as domain names, one would have to accept that the country codes
would be enough to distinguish the difference in entities however,
being that the second one to register the name in their domicile is
not trying to imply  some nonexistent relationship to the first
registered even of a foreign land with similar products packages and
fonts. 



On Wed, 21 Feb 2001 09:26:50 -0600, you wrote:

>Exactly correct.
>
>----- Original Message -----
>From: "Dassa" <dassa@dhs.org>
>To: <wg-review@dnso.org>
>Sent: Wednesday, February 21, 2001 1:54 AM
>Subject: [wg-review] Trademarks and UDRP
>
>
>> One of the things that have always confused me was why
>trademark issues were ever allowed to enter into formation of the
>domain policies.  Trademarks are localised to particular regions
>as are business names etc.  Domain names are not regionalised in
>their use, not even the country codes.
>>
>> For instance, if I register a business name in one State of
>Australia, there may be others using the same name in other
>States.  I have no means to prevent this except by registering my
>business names in all States.  The same goes for cross country
>borders.  Trademark law is also different between regions and
>although there is some internationalisation, it is not universal.
>However we have attempts to make the domain names ruled by
>trademark law, predominately from the US.
>>
>> This forcing of policies onto domain names that are not even
>reflected within the regional laws is very hard to understand.
>>
>> I am also concerned about the issue of the UDRP and associated
>rulings being applied to third and forth level hostnames/domains.
>I have already personally witnessed attempts to threaten UDRP and
>law courts over third and forth level domain names.  Just where
>is it going to end?
>>
>> Darryl (Dassa) Lynch.
>>
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The more I know, the more I know  - - - I don't know.

                    {:>)=

             http://www.spiced.com
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