At 03:45 PM 1/22/99 +0000, you wrote:
>Mikki and all,
>
> Good point Mikki! >;)
>
>Mikki Barry 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.
Unlike the situation with respect to trademark infringement, whether or not a
domain is "commercial" is irrelevant on issues of dilution. I could put up a
site full of quotations from Hamlet on the domain name cocacola.org and
get my butt sued and I'd lose. Secondly, what is filed is a Complaint For
Declaratory Judgment, not involving an injunction, and when you file that
NSI leaves the domain name as it was until the case is done. (It files the
registration certificate for the domain name into the Federal Court, and
then the winning party seeks an order from the Court to NSI to do whatever
the result was, and I expect that NSI will obey the order.) Point about this
whole thing is, the NSI policy leaves it to the often penniless domain name
holder the task of coming up with the bucks -- i.e., just by writing a letter
to NSI the owner of the registered mark gets a shortcut or even an instant
winner, if the domain name holder just can't raise the bucks to file suit, and
without regard to any merits of the case, i.e., even in the complete absence
of even the slightest likelihood of confusion.
Bill Lovell
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