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| Username: |
arbitrage |
| Date/Time: |
Sun, December 2, 2001 at 11:49 PM GMT |
| Browser: |
Microsoft Internet Explorer V6.0 using Windows 98 |
| Subject: |
Two separate issues here... |
Message: |
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First, there is no law that
prohibits Apple Computer from opening a division devoted to selling apples (the fruit).
It would not affect their trademark rights to "Apple" in the computer class. They
would have no federal trademark protection for their fruit business (in fact, it
would be a poor choice of brands to use for fruit because anyone could copy it, since
"apple" is a generic term for the fruit of the apple tree). But not illegal.
Second, the Afilias sunrise rules only apply to the initial sunrise
pre-registration of .INFO names, and have nothing to do with their future ongoing
use. Assuming a valid trademark was used to obtain a .INFO name, the registrant is
not restrained in the future use of the name by the fact that it was registered under
the sunrise rules. So Apple Computer can use APPLE.INFO to sell apples, or it can
sell the domain name to the Apple Growers of America, or lease it to Bob the Apple
Farmer, without breaking any law, or violating any Afilias rule or policy.
The fact that the name will be used for a purpose unrelated to the trademark used
to first register it is immaterial. You may find such behavior
an abuse of trademark rights, but it is not illegal and doesn't break any Afilias
or ICANN rule. In my opinion it is the whole sunrise process that was flawed,
in that it gave holders of registered trademarks rights above and beyond those normally
associated with ownership of a trademark (like the right to
monopolize the use
of a generic word).
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