If you guys are going to claim trademark rights in the TLD itself, remember
to include a trademark license in your domain name registration agreement,
otherwise each time a DN owner uses the dn as a tradename or trademark it
will be a "naked license" and lead to an abandonment of trademark rights.
Theoretically spekang, if NSI were to claim trademark ownership rights in
.com, for example, I would ask "do you have quality controls in your
license with amazon.com, markletwatch.com, xxxx.com, etc., when they go
around using your trademark?"
Also, ask a TM lawyer to advise you about collective trademarks and
certification marks, because that sounds like what you may be interested in.
[legal advice disclaimer, ymmv]
At 10:02 PM 3/1/99 -0800, you wrote:
>At 08:44 PM 3/1/99 -0800, William X. Walsh wrote:
>>
>>On 02-Mar-99 Roeland M.J. Meyer wrote:
>>> At 10:54 PM 3/1/99 -0500, Martin B. Schwimmer wrote:
>>> >I'm sorry I wrote that to you as a private post.
>>> >
>>> >OK:
>>> >
>>> >The right to use a trademark is recognized as a kind of property, of
which
>>> >the owner is entitled to the exclusive enjoyment to the extent that it
has
>>> >been actually used. Hamilton-Brown v. Wolf Bros, 240 US 251 (1916).
>>> >
>>> >see the other cases discussed in chapter 2:14 of McCarthy's entitled
>>> >"Trademarks are property rights."
>>>
>>> Thank you for the cite Martin. If anything, this can make the process
even
>>> stronger. Under this cite, a trademarked TLD *is* property.
>>
>>Not necessarily in the term you mean it. Courts have also held that
trademark
>>rights are limited in scope. The issue at hand is how limited, and only
the
>>court system can decide that.
>
>>It is issues like this that PLAINLY show why mandatory ADR would be a
very bad
>>thing, in that it would further limit the availablility of cases to permit a
>>fleshing out of this issue in the judicial system.
>
>Actually, ADR is not the issue at the moment. In fact, it may be irrelevant
>if TLD's need to be trademarked anyway.
>___________________________________________________
>Roeland M.J. Meyer -
>e-mail: mailto:[EMAIL PROTECTED]
>Internet phone: hawk.lvrmr.mhsc.com
>Personal web pages: http://staff.mhsc.com/~rmeyer
>Company web-site: http://www.mhsc.com
>___________________________________________________
> KISS ... gotta love it!
>
>
>
>
