> 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.
I never said that it would.
> 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.
This is because
they would not be allowed it in the first place.
You have not heard of 'unfair
competition' Law, then?
For one thing - Do you not think it injures competing businesses
for just one to have the trademark name of the entire class?
For another - How
would they stop others in same class from using that word - which they legally have
For yet another - if their trademark becomes generic - they lose the right
If you can point to one business that uses the WORD (not graphic) of its
class, e.g. Science business using word 'science', then I will eat my hat and yours
as well ;-)
> 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.
This is what Spot was getting at.
Sunrise is 'supposedly' to protect trademarks. They got the domain on the understanding
that it was their trademark. They are not protecting trademark - if they sell it,
Therefore, the only time they should be allowed to sell Sunrise domain,
is when they sell trademark. That is if all this bull* about UDRP and Sunrise is
supposed to be true.
> 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).
You may be
right, there does not appear anything in Afilias or ICANN rules to stop them selling
on their 'trademark' domain.
We all know Sunrise was flawed - IMO it was designed
that way, to maximise profits and allow trademarks to abuse powers of their mark.
have no doubt, that corrupt people in authority will continue to abuse their powers
Oh ye of little faith:
It is obvious there is only one solution - a TLD
to replace the registered trademark symbol.