Registered trademarks that consist of regular words and phrases generally
apply to narrowly-defined product classes. A registered trademark
consisting of the common word "tide" does not preclude anyone from using the
word in its generic sense. Allowing Procter & Gamble priority rights to a
domain name consisting of the word "tide" in preference to someone else who
may want to publish ocean tide tables for mariners on a website is, in my
humble opinion, a gross misapplication of trademark law.
A unique and distinctive trademark, such as "Coca-Cola", may deserve such
protection, but a generic word such as "coke", which is the common term for
an industrial fuel made from coal, or a slang term for cocaine, does not.
But since a very vocal segment of the intellectual property community seems
to think domain names are a special case to which past trademark policies
and precedents do not apply, my opinion really means nothing.
I am the registrant of the domain name "yoo-hoo.com". This is an everyday
greeting in the region where I live, and according to www.dictionary.com, an
interjection "used to call someone at a distance or to gain someone's
attention". I think it would be a great name for an instant-messaging type
website. Unfortunately, since it is also a registered trademark for some
kind of beverage, I am in danger of losing it, even if I use it in ways
which do not infringe the rights of the registrant of the trademark.
Hopefully, future TLD launches will not use the .info sunrise plan. The
.biz plan seems more fair, though I fear the resolution of the inevitable
trademark disputes will not be any prettier than what we've come to expect
from UDRP proceedings.
----- Original Message -----
From: "Eric Paynter" <[EMAIL PROTECTED]>
To: <[EMAIL PROTECTED]>
Sent: Friday, September 14, 2001 11:07 AM
Subject: Re: Call for the delay of .info launch
> On September 14, 2001 06:37 am, [EMAIL PROTECTED] wrote:
> > In addition, even
> > if someone holds a trademark for the word Tide, it's wrong that they
should
> > have any more rights than you or i for public domain words.
>
> Aren't most TM's just regular words and small phrases?
>
> -Eric
>
> --
> arctic bears - the internet - your way.
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