Return to tldreport Forum - Message Thread - FAQ

Username: Gregory W. Krajewski
Date/Time: Sun, November 12, 2000 at 1:39 PM GMT
Browser: Microsoft Internet Explorer V5.01 using Windows 98
Score: 5
Subject: Oh give me a break WiredZ....Tell them who you are afiliated with....

Message:
 

 
       
     Ask this guy who he is afiliated with.....(click on the link below--public domain)

>>>>FYI, since my company owns the trademarks - my.web, host.web, and portal.web, I am confident that I will be able to claim it through the Afilias Sunrise Period<<<<

What a farse this Sunrise has become...Now this person is trying to say he should be awarded a generic domain through the Sunrise automatically???? If there was a Sunrise (and I am adamantly against any proposal as such for legal reasons), I would say that people who have unique or established TM's should have preemptive rights, (such as McDonald's---however I don't think that McDonald's should have dot per or a dot nom--since this is a noncommerical domain...However do you SEE the problems here...legal battles, etc)

>>>P/S: ICANN Board, please show the internet community that you care for stability, competition, diversity, and intelectual property protection. This can be simply done by giving .Web to Afilias<<<

Obviously your trying to appeal to ICANN on this subject as you think Afilias will give you the advantage...YOUR WRONG...Any Sunrise, would be meant by immediate legal action...You cannot as a TM owner have those kinds of rights, they are unprecendented and open to problems, such as who would own, United.web (the airlines or the moving vans)....A trademark is supposed to protect your interests whether it be intellectual property or a product....If you by chance accidently infringe on someone else's TM, you will MOST likey end up in court to challenge the accuser...It will be on the Accuser (the one with the burden of proof) to show in a court of law, their prescribed rights..Then in open fashion, the judge will decide who gets what...As it should be....This is not an easy process (it was never meant to be for obvious reasons---i.e will in a sense dilute TM's as their maybe others who own the same TM, but in a different class)...The Sunrise would offer no chance to appeal, and if there was appeals----i.e legal mess, then your back to square one, with UDRP, which is where we need to be, (right now anyways---jurisdictional courts may decide differently later).... So nice try wiredZ....Hope this helps!

 

Link: Link


Message Thread:


Privacy Policy | Terms of Service | Cookies Policy