Bill Lovell wrote:
>Perhaps originally, but that is no longer the case. Several decisions have said
>that NSI had NO duty to carry out TM analyses, and the mere registration of
>a domain name cannot constitute TM infringement. Consequently, what sorry
>excuse there ever existed for their having made the policy that they did is now
>gone.
Actually, I made a similar comment to NSI's general counsel, Philip
Sbarbaro, in September 1998 at the Stanford WIPO Consultation. I was
speaking about the ruling in Lockheed v. NSI in re Skunkworks.com, but he
responded that was only one order in one jurisdiction. In other words,
NSI's concern about being hauled into court for "contributory infringement"
remains.
Ellen Rony Co-author
The Domain Name Handbook http://www.domainhandbook.com
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ISBN 0879305150 *=" ____ / +1 (415) 435-5010
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