Can I take it then that it's agreed that enforcing conformity to someone's idea of what the trademark law in some places is or should be is not a constraint that will enter into the WG's output?
I'd certainly agree with that, as I don't think an IETF standard is the place to legislate. On Thu, 6 Dec 2001, Rick H Wesson wrote: > > all: > > This realy isn't the list to discuss policy, and especially US TradeMark > law. > > please take this thread to a more appropiate forum. > > thanks, > > -rick > > On Thu, 6 Dec 2001, tedd wrote: > > > Professor Froomkin: > > > > > > > In the US, we have an anti-cybersquatting law where I can't register > > > > > EXXON.com because of the Trademark owned by EXXON. > > > > > >This is a slight over-simplification of US law. You may be able to > > >register exxon.com quite legally for certain purposes, including parody, > > >and especially non-commercial purposes (e.g. an environmental group that > > >wished to complain about something Exxon was doing). > > > > Now, I am not questioning a law professor about a question of law, > > but what I said, while being simplistic, was nonetheless true. The > > following is my understanding and why I used EXXON, a "famous > > trademark" (see ACPA below), as an example. Perhaps others may > > benefit from the point clarification. > > > > Also, as per my understanding, one cannot register the domain name of > > "exxon.com" for it is already registered. -- even for other purposes > > (i.e., non-commercial purposes, environmental, or whatever) because > > ta specific domain name can not be registered twice. Certainly, other > > domain names containing "exxon" have been registered, such as > > "exxonsucks.com" and it has even been made into a "critical of Exxon" > > web site. However, this was done before the ACPA was signed. I do not > > know how this type of "infringement" registration would shake out now. > > > > However, I do strongly believe that if someone registered > > "exxon*.com" (where the * was the registered trademark symbol -- code > > point 00A3), they could be in trouble under the ACPA trying to sell > > it to Exxon or use it for their own purposes. Do you agree? > > > > --- ACPA > > > > On November 29, 1999, President Clinton signed into law the > > "Anticybersquatting Consumer Protection Act" (ACPA). This law adds > > section 43(d) to the U.S. Trademark Act of 1946 and creates a cause > > of action for "cybersquatting" on famous trademarks. The ACPA also > > creates a federal cause of action for cybersquatting on a person's > > name without his or her permission. > > > > Under the ACPA, a person may face civil liability to the owner of a > > trademark (or a personal name) if such person: > > (i) has a bad faith intent to profit from a mark; and > > (ii) registers, trafficks in, or uses a domain name that: > > (a) is identical or confusingly similar to a distinctive trademark; > > (b) is identical, confusingly similar to or dilutive of a famous trademark; or > > (c) infringes a specially-granted trademark such as "U.S. OLYMPICS" > > or "AMERICAN RED CROSS." > > > > A "distinctive trademark" is any trademark that has been registered > > with the U.S. Patent and Trademark Office or which has been used with > > goods and/or services for sufficient time that it has acquired > > "secondary meaning" among consumers. > > > > A "famous trademark" is one that a court says is famous. There are > > numerous factors that are considered, including the duration and > > extent of use, extent of advertising, degree of public recognition, > > and whether the mark was registered with the U.S. Patent and > > Trademark Office. In practice, a "famous trademark" is one that most > > people have heard of, on a regular basis, for many years (i.e. Kodak, > > Microsoft, Exxon). > > > > Now, I'm back to lurking as well. > > > > tedd > > > > -- > > http://sperling.com > > > > -- Please visit http://www.icannwatch.org A. Michael Froomkin | Professor of Law | [EMAIL PROTECTED] U. Miami School of Law, P.O. Box 248087, Coral Gables, FL 33124 USA +1 (305) 284-4285 | +1 (305) 284-6506 (fax) | http://www.law.tm -->It's warm here.<--
