Martin and all,
This goes without saying, but is none the less a good reminder/suggestion
all the same.
Martin B. Schwimmer wrote:
> 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!
> >
> >
> >
> >
Regards,
--
Jeffrey A. Williams
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail [EMAIL PROTECTED]
Contact Number: 972-447-1894
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208
