Re: [ifwp] Re: Domain name regulation

["Martin B. Schwimmer" <martys@interport.net>]

Prof. Mueller:

I note that you refer to the owner of the micros0ft.com address as Vision.
You indicate that you have been to the site.  In the interest of full
disclosure, can you please tell us what is the trading name by the computer
company promoting its services at micros0ft.com?  

Do you have any idea why a computer company might use that trading name?

Why might it use that domain name? Do you think it has assumptions about
the connection between a trademark and a domain name?

P.S. It is the case law in the United States that disclaimers do not
mitigate confusion, especially of the type on the micros0ft.com site (which
I encourage all of you to access).



At 12:38 PM 8/19/98 -0400, you wrote:
>Richard J. Sexton wrote:
>
>> The worst case I heard of this was the guy who regostered
>> micros0ft.com -it took MS months to find him, but, they *did*
>> find him and turned him off.
>
>....And then it was registered by someone else!Vision Enterprises
MICROS0FT5-DOM
>5 W Kirkwood
>Roanoke, TX 76299
>
>I have corresponded with Vision person in connection with my research. It's a
>noncommercial site and contains a disclaimer (this is not microsoft.com)
and a
>link to the Redmond-based software company. He says he has never been
contacted or
>challenged by Gates's corp.
>Now this is the ultimate refutation of the trademark crazies. In some ways
this
>kind of domain name registration is their worst fear. But what harm is really
>being done? Is Vision enterprises getting rich? Nope. Haven't seen any
IPOs for
>them on Wall St. lately. Is Microsoft being hurt? Nope. No products are
being sold
>and there's a clear disclaimer. Do people flock to their web site because
of the
>name? Hah. Richard Sexton obviously hasn't even been there, and he lives
on the
>Internet.
>
>Microsoft is doing the wise and rational thing. It is ignoring him. Their
stock
>price hasn't plummeted, the world hasn't ended. Pretty soon the TM lawyers
are
>going to get it. Five years from now, we are going to be laughing about
the fact
>that we even had this domain name trademark debate.
>
>--Milton Mueller
>
>
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