Re: [IFWP] Market Structure Failure

[Milton Mueller]

We're departing a bit from the relevant trademark concepts here. Yes, to
register a name could be considered "use," but from the standpoint of
application of trademark protection, the operative concept is "use in commerce."
This means that the domain name must be used as an identifier in conjunction
with the sale of goods and services. The court in Panavision v. Toeppen stated
"registration of a trademark as a domain name, without more, is not a commercial
use of the trademark, and therefore is not within the prohibitions of the
[Dilution] Act."

--MM

Kent Crispin wrote:

> If what you say is true, then my opinion, this is simply a case where
> the law has not caught up with the facts.  Clearly, blocking someone
> else from using a name is a use in itself.