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Username: fabrcop
Date/Time: Wed, November 15, 2000 at 2:09 PM GMT
Browser: Microsoft Internet Explorer V5.01 using Windows 95
Score: 5
Subject: I agree!

Message:
 

 
I think that the solution adopted by IOD is the best
(it's the same adopted by NSI for .com).

Cocacola, Kodak and so on will claim for cocacola.web
and kodak.web , they will get it and that's all:
The TM problem is solved.

To reserve TM domains during a "Sunrise Period" means to CREATE a
NEW BIG PROBLEM because common words will be taken (and sacked)
with the pretext of the TM - but common words should NOT
be considered TM: if they are, they are FIRSTLY ordinary words,
and SECONDLY trademarks.
Their case is different from cocacola or kodak: these ones
are ONLY trademarks (they are not ordinary words also).

Fabrizio Coppola
Italy


--->
        Common sense suggests to me that if you can trademark a commonly used mark, like a number or an ordinary word, then the use of a mark is often what defines the boundary of protection afforded by the trademark. What a mess we will have if ordinary words and numbers are assigned during a sunrise period.  Then, how many different secondary LDs should you be allowed to register with your trademark?  Should someone with a trademark using the number "6" be allowed to register a secondary LD with all the different registries?  Why shouldn't someone be able to register and begin to use their secondary LD on line as a demonstration of the mark's use before they put in the trademark application?  More lawsuits and costs to ICANN and society will evolve from imposing a sunrise period than if we simply allow UDRP and the courts to handle the situation as they are currently doing. Vote against the sunrise period.
     

 


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