see the ifwp archive for the period of approximately dec 15-18, threads
entitled "need for speed" and "non com/com" where these issues are
discussed, thrashed, and trampled upon.
In short, the struture of today's structured TLDs are not enforced and do
not communicate a context sufficient enough to allow DNs being utilized as
similar trademarks to co-exist.
In regards to dispute policy, I'm not talking about current dispute policy,
and in this case, I'm talking about dispute prevention.
Irony alert - Trademakr lawyer arguing in favor of new gTLDs - special note
to Jay Fenello (note plug for a .per TLD).
At 10:35 AM 2/5/99 -0500, you wrote:
>But we already have structured TLDs (org, net, com, ccTLDs) and they don't
>seem to matter -- the current dispute policy (and apparently the current
>feeling of the intellectual property owners in a lot of cases) is that the
>only part that matters is the domain name -- not the TLD it is in nor any
>hosts that are in the FQDN. How is adding more gTLDs going to change
>anything unless we "fix" what we already have?
>
>On Fri, 5 Feb 1999, Martin B. Schwimmer wrote:
>
>> I hope the rest of you are listening. Sturctured TLDs (or rTLDs as some
>> have called them) provide context which can alleviate likelihood of
>> confusion. mycarisaporsche.com has a different connotation from
>> mycarisaporsche.per or .hobby or .fan.
>>
>>
>> At 06:40 PM 2/4/99 -0500, you wrote:
>> >Yes, of course, it all depends on commercial use and likelihood of
confusion.
>> >It does not depend on the character string. My opinion, below, was based
>> on an
>> >assumption that it was OK for an innocent porsche enthusiast to use it.
In a
>> >non-commercial TLD, for example, such as you have advocated.
>> >--MM
>> >
>> >
>> >Martin B. Schwimmer wrote:
>> >
>> >> My opinion is that a domain name "mycarisaporsche" or
>> >> >"my-car-is-a-porsche" dot whatever is a perfectly legitimate use of the
>> >> word that
>> >> >does not infringe porsche's trademark.
>> >>
>> >> The question would be whether the use of mycarisaporsche creates a
>> >> likelihood of confusion or some false connection or endorsement.
This will
>> >> be a question of law and fact. Currently valid registrations or
approved
>> >> publications include MY WEEKLY READER, MY PETER RABBIT BOOK SHELF, MY
FIRST
>> >> SONY, MY EXCEL, MINUTE MAID MY OWN JUICE, WNYC IT's MY STATION, MY SIZE
>> >> BARBIE, MY YAHOO and MY FIRST MARVEL, suggesting that people encounter a
>> >> MY-formulation as a trademark, and that a MY-formulation will not be
per se
>> >> non-infringing.
>> >>
>> >> But you would have to look at how people interpret the use.
>> >
>> >
>> >
>> >
>> >
>>
>
> ---------------- Ronald J. Fitzherbert, President ---------------
> PENGUIN.NET(sm)
> Arlington, Virginia & Austin, Texas (USA)
> ------------------- http://www.uspenguin.net/ -------------------
>
>
>
