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||Sat, August 4, 2001 at 8:43 PM GMT
||Microsoft Internet Explorer V5.01 using Windows 95
I checked 119 names. Barring
few, all are taken under false information. ( If I had continued my search,
results would have been no different)
Even if they are cancelled, other people
will try to register them, only this time they will be careful to give the trademark
information that apparently looks genuine. Now let us come to verificarion.
Online check of trademark information can be run in case of some countries, such
as US and Canada. I am sure it will not be possible for all countries.
So, what do you do in those cases? What prevents me from claiming that I have trademark
for SEX in Bhutan knowing full well that it can not be verified online. It
is the responsibility of Afilias to devise the system that will enure fairplay, and
the present system is woefully lacking. Their mandate is nore than just to
make money.(I can see why they are so callous. A registration is a registration
for them, no matter who does it they get their cut)
It is being argued that all
or most of the generic words are trademarked. But, are they trademarked exclusively?
I don't think so. More than one entity can have the trademark for the same generic
word, say fashion but for different usage. A generic word always remain available
for trademark. You have to find out the usage other than the one it is already
trademarked for to get it. Now, follow this thread carefully. When trademark
holders do not enjoy exclusive privilege to own a generic word in the realm of trademark
law, why it should be any different when it comes to domain names. In the world of
domains, we are not talking of usage, we are talking of words per se. Why trademark
holders should be treated first in line to own a particular generic domain, when
none of them severally or jointly have exclusive ownership of corresponding word?
It is not fair and equitable. It is not even good law. It is just politics
and big business lobby. So, the best way this mess can be cleared (I think)
is to cancel the bogus registrations(as most of them are) made and block generic
words during sunrise period.