Re: <no subject>

[Joseph Friedman <josephf@touro.edu>]

At 09:52 PM 8/13/98 +0000, martymel@interport.net wrote:
>Joseph 
>Friedman wrote:
>
>>It must be recognized that people and organizations have a right to use
>a name  even if they do not have a trademark on it.  This right should
>not be infringed in favor of holders of trademarks.
>
>Unless use of that name creates a likelihood of confusion or dilution 
>with the trademark owner.  Organizations do not have an unlimited right 
>to use any name.  I cannot start a new organization today named "The 
>American Cancer Society" without violating the American Cancer Society's 
>trademark.

Certainly there are times when using a name will infringe on a trademark
even if it is in a different industry, etc.  But my point was that there
are (many) times that someone or some organization can use the same name as
a trademarked name without infringing on that trademark.  And that fact
must be recognized in domain name registrations.

>mbs

Joseph