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||Sat, April 15, 2000 at 8:18 PM GMT
||Microsoft Internet Explorer V5.0 using Windows 98
We already have remedies for trademark infringement.
That's enough. Having a .tmk and allowing only trademark names into that domain
seems a good enough policy. If trademarks are owned by more than one company
with different business products/services, then make it first come, first served.
Variations on those names in the other tld's would be allowed, such as a McDonald's
franchisee using McDonaldsrestaurant(s), or McDonaldsfastfood, McDonaldsfoodplace,
or even an individual with the name McDonald using McDonaldshouse.|
I think this
tradename infringement garbage is going way too far. One company sued an individual
who's last name was the same as the company's name. His domain homepage had
nothing to do with the other company's business. It's rediculous. That
is not infringement. I was married to someone with a famous last name.
It was my legal name. I used it in conjuction with my business, also legal.
If that company had sued me for dilution, I would have fought tooth and nail.
the big bullies have their own tld and leave the rest of us alone.
With the proposed additional gTLDs the policing costs for famous trademark
owners will go through the roof as long as the "gold rush" mentality continues to
pervade the domain name market. These spiraling costs will be passed on to
There will be litigation with or without a "famous names
list," but it will be significantly reduced with the creation of the list.
If there is no list, registrants may freely register famous names (or variations
thereof) and the only remedy for famous mark owners is to litigate or arbitrate to
get the names back. At least with the list there is notice to cybersquatters
and some limitations to reduce the policing costs to famous mark owners.