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Username: iplawyer
Date/Time: Fri, June 23, 2000 at 12:08 AM GMT
Browser: Netscape Communicator V4.7 using Windows 98
Score: 5
Subject: .Com not a Bar to .Web

Message:
 

 
Thanks for your thoughtful comments.

Cases.com is actually a sales portal for "mobile computing accessories", i.e. laptop computer cases, so that's not a problem.

In any event, as an IP lawyer, I deal all the time with cross-promotion and co-branding arrangements.  In other words, I might reach an agreement with cases.com whereby they link to my cases.web site, in return for a percentage of sales which come from consumers who click through to my site.

Finally, I do not believe that the current bad arbitration decisions will stand for long.  Within the next few years, I predict that the courts will set clear precedents concerning domain name holders'
rights to use names which do not infringe on any party's trademarks.

By the way, I don't mind a ".reg" for trademark holders.  All of my clients hold federal and/or California trademarks, and their rights should be protected.  I actually prefer a gtld for trademark holders to an overly broad "sunrise" provision. 

A sunrise provision is only acceptable if it is limited to holders of famous marks.  It is totally inappropriate for holders of .com domain names who hold no trademarks.
     

 


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