This snippet comes to you courtesy the Computer Law Report, Aug. 1995. -H -- --- Forwarded mail from •••@••.••• ++++++++++++++++++++++++++++++++++++++++++++++++++++++++ 2 -New domain name registration rules ++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Network Solutions, Inc. is a private corporation that receives funding from the National Science Foundation for managing the Internic (Internet Network Information Center) Registration Services. Internic is the registry for all Internet domain names. Until recently, the registration policy for domain names was simple - first come, first served. This policy worked fine until recently when the presence of commercial forces (i.e., addresses ending with ".com") exploded. For example, in the past year .com registrations have increased from 18,000 to 82,600. The result has been an increase in the number of disputes between those with registered names and those holding trademarks to the registered names. In some instances, get-rich-quick types rushed and registered domain names that they hoped would be purchased from them by the trademark holder. In other cases, disputes arose because of honest disagreements as to the rights to registered names. Some examples of domain names registered not by the "known" trademark holder include: mcdonalds.com, ford.com, coke.com and mtv.com. A recent suit illustrates how Network Solutions could be caught in the middle. Frenchy Frys, a catering company in Seattle, Washington, registered the domain name "frys.com." Fry's Electronics, a large retail electronics chain that wants to register the same name, has sued Frenchy Frys as well as Network Solutions and the Internet service provider, Octave Systems, which originally requested the name for Frenchy Frys. Given the volume of commercial registrations, Network Solutions cannot pre-check that all such registrations do not infringe any trademark. Accordingly, Network Solutions has instituted a new policy to reduce its exposure to lawsuits. The new policy requires that applicants state that they have a legal right to the name they seek to register. Additionally, applicants must indemnify all persons involved in the registration process if a dispute arises. This means that the applicant will have to pay all damages, legal fees and other expenses that Network Solutions, or others covered by the indemnification incur as a result of a dispute. Under the old policy, where a dispute arose, the registrant kept the name until the dispute was resolved. However, under the new policy, if the registrant does not have a trademark registration for the name, then use of the name is immediately suspended. It should be noted, however, that to register a domain name, an applicant does not need to have a registered trademark. The bottom line is that before applying for a domain name, a search should be performed to make sure that it does not infringe a registered trademark. -- [* PLEASE READ *: If you have any questions about the material contained in The Computer Law Report, or would like to discuss issues related to computer or technology law, please contact William S. Galkin, Esq.: e-mail (•••@••.•••), telephone (410-356-8853), fax (410-356-8804), or mail (10451 Mill Run Circle, Suite 400, Owings Mills, MD 21117). To subscribe, please respond via e-mail to •••@••.•••. The Computer Law Report is distributed free, and designed for the non-lawyer. All information contained in The Computer Law Report is for the benefit of the recipients, and should not be relied on or considered as legal advice. When necessary, proper professionals should be consulted.] --- End of forwarded message from •••@••.••• ~=-=-=-=-=-=-=-=~=-=-=-=-=-=-=-=-=~-~=-=-=-=-=-=-=-=~=-=-=-=-=-=-=-=-=~ For subscription info, archived postings/documents, and other useful material, visit the CPSR Cyber-Rights Web Page at: http://jasper.ora.com/andyo/cyber-rights/cyber-rights.html http://www.cs.virginia.edu/~hwh6k/public/cyber-rights.html The CPSR Cyber-Rights Library is available via FTP at: ftp://jasper.ora.com/pub/andyo/cyber-rights You are encouraged to forward and cross-post messages and online materials, pursuant to any contained copyright & redistribution restrictions. ~=-=-=-=-=-=-=-=~=-=-=-=-=-=-=-=-=~-~=-=-=-=-=-=-=-=~=-=-=-=-=-=-=-=-=~