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IRT Proposal Comment

  • To: <irt-final-report@xxxxxxxxx>
  • Subject: IRT Proposal Comment
  • From: "Chip Meade" <Chip@xxxxxxxxxxxxx>
  • Date: Wed, 24 Jun 2009 08:24:19 -0400

Thank you for the opportunity to comment on the IRT recommendations.  My
concerns are with the URSS and it's potential for abuse and incorrect
application.  The complexity of trademark infringement cannot be determined
by the simple registration of a domain name. All parties have a right to
pursue a name and business opportunities that have a legitimate and
non-infringing purpose.  Last Names, First Names, Nicknames, Geographies,
Generic Terms (and the list goes on and on) represent marks that are TMed
but also have alternate rights/uses.  It is the CONTENT and CONTEXT with how
that name is used that enables a determination of infringement, NOT the use
of the name itself.  The onus is on the TM holder to prove infringement and
if so proven, exacting a stiff penalty from the abuser.  That is why it is
called defending and protecting your mark, rather than imposing your mark.
It need not be difficult, but it should require a minimum of evidence.


Please reconsider how the URSS is applied, and err on the side of caution
rather than alarm. The policy should protect the rights of all, not just
companies with lawyers who file preemptively--without PROVEN cause.  Also
abuse by those who file frivolously should be addressed and dealt with
harshly to dissuade.  Thank you.


Chip Meade
FreshAvails.com * DomainVictor.com * MarketLift.com
 <mailto:Admin@Fresha> Chip@xxxxxxxxxxxxxxx

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