Re: Update on DN Registration


Sender: James Brazell <•••@••.•••>

The policy is called "first right of usage."  Simply by using the domain
name you have a legal right to pre-empt a trade mark filled after you are
using it.  I just went through this and lost our domain name.....


On Thu, 7 Sep 1995, Henry Huang wrote:

> On Sep 6,  1:22, Steve Eppley wrote:
> > What happens if a domain name gets trademarked *after* the domain
> > name is assigned?  Shouldn't the holder of the domain name be
> > allowed to keep it?
> The current policy on this is at the RS Internic FTP site:
> The answer to your question lies in item #4.  All applicants are now held
> responsible for defending, not only itself, but the NSI (+parents and
> subsidiaries), NSF, IANA, and and all employees/directors/agents/etc. of
> them from *ANY* legal action stemming from the use or registration of the
> Domain Name.  This includes trademark violations.


Sender: •••@••.••• (Douglas Tooley)

I'm no intellectual property rights attorney but nonetheless I find this
trademark requirement disturbing.

It is generally not standard practice to obtain a trademark for a smaller
business.  Nonetheless some legal rights due acrue to the owner of the
business with regards to the name.  Trademarks are generally the province of
large corporations, and I believe, somewhat redundant.

This regulation seems to differ from standard law regarding name protection
and does so in a manner that favors large corporations-witness the previous
anecdote about the 'Fry' folk.  Again though I'm not attorney and I'd sure
like to hear a definitive answer on this one.

Douglas Tooley                                Know any good lawyer jokes?

Seattle,  Washington                        "Justice is incidental to law and
USA                                                   order"

       - J. Edgar Hoover


Sender: •••@••.••• (Simona Nass)

Steve Eppley <•••@••.•••> wrote:
>What happens if a domain name gets trademarked *after* the domain
>name is assigned?  Shouldn't the holder of the domain name be
>allowed to keep it?
>I couldn't tell from the post what the policy would be, and whether
>the "bottom line" at the moment is really that everyone needs to
>trademark their domain names if they want to protect them.

I doubt the InterNIC has tackled that yet. If they follow their
typical policy, they'll wait for a dispute before considering the
matter. -S.

Simona •••@••.•••
President, SOCIETY FOR ELECTRONIC ACCESS   |  Promoting civil liberties
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