At 01:17 AM 2/20/99 -0800, you wrote:
>Milton Mueller wrote:
>>Pizza Hut now has a right to all related character strings in all
>>jurisidictions, in all levels of the domain name hierarchy and regardless of
>>use or degree of confusion. Quite an astounding claim. It certainly bears no
>>relationship to trademark law.
>
>Because it's late and I'm feeling wicked, how about:
> pizza-hutsrus.com
>
>
See how toysrgus leads to dilution?
Mueller gave pizza-hut.co.na as an example. Dr. Lisse states that Pizza
Hut has no presence in Namibia presently (and I believe he knows whats
available to eat in his country ;-)). If a third party filed for
pizza-hut.co.na, and Pizza Hut wanted to take action, then Namibia, as a
common law jursidiction (not Brit, but an interesting mix of Roman-Dutch,
German and Brit law), would likely be influended by both the One In A
Million case from the UK and the McDonald's case from SOuth Africa, and
probably would find for Pizza Hut, even if the name weren't in use (ymmv).
If Mueller wants to reply, he better come with cases a Namibian court would
consider (and calling the One In A Million tribunal ignorant isn't normally
effective means of distinguishing effective precedent.
