Re: Domain Name Disputes

[Bill Lovell <wsl@cerebalaw.com>]

Joseph Friedman wrote:
> 
> Briefly, I'd like to point out that use of a name can be legal for many
> parties whether they have a trademark or not.  Two or more parties may have
> the same trademark in different jurisdictions, may have the same trademark
> in the same jurisdiction but in different industries, or may legally use a
> name without owning a trademark to it.  It is not necessary to own a
> trademark, to use a particular name.
> 
> This being the case, domain name registration on a first-come, first-serve
> basis is the most logical.  If two (or more) parties have the right to use
> a name (even if one has a trademark and the other doesn't), neither party
> should be given preference in using a domain name with that name.
> 
> Joseph Friedman


All of which is quite true, so how did trademarks get into the whole
domain name bit anyway? Well, we all know how: by its polic(ies) (I'm 
not sure what edition we are in now), Network Solutions, Inc. presumed 
to interject a legal issue on which in various courts it has avowedly 
foresworn any expertise, and thus CREATED the situation it piously 
sought to avoid, namely, trademark v. domain name disputes.  The NTIA
and IANA have blindly followed that perilous track, so to those around
the world we enjoy U.S. bashing, here's some bashing that jolly well
needs to be done.

William S. Lovell
State of Oregon, U.S.A.