On 22-Feb-99 Martin B. Schwimmer wrote:
> See the Glaxo-Wellcome case from the UK, the Payline case in France, and
> the Orkin case from Canada and see if that changes your view. These rights
> regard protection of the trademark right, they do not "exist solely with
> regard to the USAGE of the domain name."
>
> In any event, no one denies that there are defenses to tm infringement, and
> no one other than NSI advocates any type of proceeding that limits the DN
> owner's right to assert defenses, so your listing of the various defenses
> to infringement is besides the point.
It is when people are preposing some sort of "pre registration" review, such as
you have proposed on here previously, or mandatory ADR as a condition of
registering a domain name.
----------------------------------
E-Mail: William X. Walsh <[EMAIL PROTECTED]>
Date: 22-Feb-99
Time: 11:55:25
----------------------------------
"We may well be on our way to a society overrun by hordes
of lawyers, hungry as locusts."
- Chief Justice Warren Burger, US Supreme Court, 1977
