I looked at www.pseudo.org and at its whois print-out. One can't tell from
that what kind of use it is. what do they do? where is this info available?
p.s. mandatory disclaimer that I do not endorse the NSI dispute resolution
policy in that it works an injustice because it does not conduct a
likelihood of confusion/dilution analysis.
p.p.s. Referring to the fact that PSEUDO is a common word, as far as
trademark law is concerned (distinguishing it from NSI law), there is
nothing that makes a common word inherently incapable of functioning as a
trademark, as TIME, TIDE, DIAL, APPLE, SUN, DELL, ORACLE, FORD, LIFE, FOX,
SPRINT, VISA and TIMBERLAND illustrate.
At 02:44 PM 1/22/99 -0500, you wrote:
>This one is similar to "veronica.org" and "pokey.org." This one is
>"pseudo.org." Common English word, right? Well, not to Richard B.
>Gorelick of
>Coudert Brothers law firm it seems. They've asked NSI to pull the
>registration of pseudo.org (a non commercial site) because it infringes on
>Jupiter Interactive Productions' trademark for the common English word.
>
>Once again we have the case where there is no infringement, no possibility
>of confusion, no dilution (the use is non commercial) yet the domain name
>is going to be pulled unless the holder puts enough money together to file
>for an injunction.
>
>Under WIPO rules it would likely be much worse. So for anyone who thinks
>that there isn't a problem with trademark interests running rampant, think
>again.
>
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