Re: [ifwp] Re: Question about root domains

["Martin B. Schwimmer" <martys@interport.net>]

t 09:08 PM 9/27/98 -0400, you wrote:
>At 05:46 PM 9/27/98 -0400, you wrote:
>>Martin B. Schwimmer wrote:
>>
>>> Why might someone register but never use a domain name?
>>

Prof. Mueller responded:

>>Good question.
>>either 1) to engage in arbitrage; i.e. to resell the name; or 2) to pre-empt
>>someone else from using it.
>

Mr. Sexton observed:

>It is my observation that the latter outweighs the formar by a a large
margin.
>--

I add:

Also, buying a name in order to sell it is not registering a name without
using it, it is registering to use it with a very specific purpose.  If the
second level domain is a generic term i.e. doctors.com, then name
re-selling is merely a drag which adds no value and certainly shouldn't be
protected by public policy.  Re-selling where the SLD consists of a third
party's trademark is a violation of the trademark owner's exclusive right
to license its name for use as a domain name.  I hate to make provocative
statements so late on a Sunday night, but there you have it.

The issue of warehousing a dN continues to be a bugaboo.  I believe that it
is an analytical dead-end to engage in a metaphysical speculation as to how
should we treat "mere registration."  There is no such thing, as there is
always at a minimum, intent plus the registration.  Also, the act of
warehousing is an act in and of itself.  It is not necessary that there be
use of the DN as a web site or email or whatever for there to be legal
consequences to the act.  After all, the act of mere registration creates
prima facie ownership of some type in the DN.  Why can't it have other
legal effects?

But what to do about the intent as to why the registrant obtained the DN.
Intent to commit a tort is not easy to prove - you need context like
Toeppen's or One In A Million's pattern of behavior.  Or an unsolicited
letter from the registrant to the TM owner asking for money.

Analyzing the act of warehousing is also difficult.  Mr. Steinberg posited
a perfectly plausible and perfectly legal reason why someone might register
a domain name - procrastination - however that assertion would be less
viable if the domain in question was mercedes-benz.com (and the owner was
not Daimler Benz).

p.s. Are any of you guys getting letters from the .cc domain guy saying
that he will give you first crack at registering your .com domain in the
.cc domain?


A>richard@culture.getty.edu             "It's all just marketing"
> 
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