Hello Jim,
Friday, February 23, 2001, 10:20:40 PM, Jim McAtee wrote:
>> Who decides what is a legitimate use of a trademarked word which also
>> happens to be a common usage word?
> I suppose the courts decide, don't they?
Not under our system. Under the ICANN mandated system, people who
have a stake in making verdicts for the complainant (since the
complainants select the arbitration body, they will send their
business to the plaintiff friendly ones) make those decisions without
regard for the law, and with a standard that grants companies vastly
more rights than the laws of ANY country give them.
The UDRP forces the DEFENDENT to file a suit to protect their rights,
shifting the burden of proof.
> The email angle is a crock. What
> happens to the people who take him up on the offer and register for those
> free accounts? He'd sell the name in a hearbeat and they'd be SOL.
So would I. But that's no reason to rule in favor of a plaintiff, and
continue setting dangerous precedents.
Just because you don't like his business, or his intent to sell the
domain, does not mean his rights are any less, or that a decision
against him is "ok."
--
Best regards,
William mailto:[EMAIL PROTECTED]
