Kevin and all, Many of us have argued back and forth on this issue for some time now and on several occasions. In the US anyway, which is where the ICANN is currently incorporated this question has been recently pretty much settled by the USPTO with the January 16th update for new classifications of "Things Internet" in TM registration. So, in that light the answer to this problem seem abundantly clear, and should be to the ICANN as well.. In a reasonable answer to your question I will therefore offer the following: Example: If IBM does not have the string IBM.COM trademarked, than it has not claim to IBM.COM (Note: IBM.COM is a tm of IBM) Kevin J. Connolly wrote: > Dear Readers: > > While I am not a fan of NSI's domain name policy, it's important to maintain >perspective. > > Every domain name registry has to have some sort of policy in place that answers the >question how it will act when confronted with a domain name dispute. In the absence >of an articulated policy, there are a number of exposures to liability and/or >litigation that are economically unjustified. These determinations are not intended >to be conclusive. The policy serves only to make uniform (or, in practice, to >attempt to reduce the caprices of individual judgment) as to how the registry will >respond when a person other than the registrant claims to have the legal right to >possession of the domain name. > > The "absence" of a policy is simply a different policy: absolute first come, first >served, and sue us if you don't like it. Not a good outcome. Whether we like it or >not, the growth of the World Wide Web is driving the development of the Internet, and >the WWW is driven by electronic commerce. Commerce, in turn, has been inexorably >linked to trade names for centuries. That's not going to stop now. The continued >prosperity of the Internet will not be helped by forcing the world trademark >community to fight for the protection of their intellectual property. > > Kevin J. Connolly > > >>> David Schutt <[EMAIL PROTECTED]> 04/07/99 10:00AM >>> > Not adequate in the least. NSI has no business whatsoever making the > determination that a tm registration in and of itself is sufficient to take > action against a domain name. > > D Schutt > > -----Original Message----- > From: Owner-Domain-Policy [mailto:[EMAIL PROTECTED]]On > Behalf Of William X. Walsh > Sent: Wednesday, April 07, 1999 2:28 AM > To: [EMAIL PROTECTED] > Subject: Re: NSI has scrapped its domain name trademark policy? > > On Wed, 7 Apr 1999 00:06:16 -0700, you wrote: > > >Hello Chuck, > > > >This is certainly a hefty improvement. My only comment, at this time, is > "why did it take y'all so long?" It should have been done *years* ago. > However, at the moment, this looks pretty adequate and eliminates most of my > present complaints about NSI. > > > > Um, what is an improvement, Roland? > > The policy is the same, just not linked from the main site. > > This is not adequate at all. > > -- > William X. Walsh [EMAIL PROTECTED] > General Manager, DSo Internet Services > > Fledgling Free Email Service comes under > Trademark attack http://www.intermail.net > > -- > DOMAIN-POLICY administrivia should be sent to <[EMAIL PROTECTED]> > To unsubscribe send a message with only one line "SIGNOFF DOMAIN-POLICY" > For more help regarding Listserv commands send the one line "HELP" > > -- > DOMAIN-POLICY administrivia should be sent to <[EMAIL PROTECTED]> > To unsubscribe send a message with only one line "SIGNOFF DOMAIN-POLICY" > For more help regarding Listserv commands send the one line "HELP" > > ********************************************************************** > The information contained in this electronic message is confidential > and is or may be protected by the attorney-client privilege, the work > product doctrine, joint defense privileges, trade secret protections, > and/or other applicable protections from disclosure. If the reader of > this message is not the intended recipient, you are hereby notified > that any use, dissemination, distribution or reproduction of this com- > munication is strictly prohibited. If you have received this communi- > cation in error, please immediately notify us by calling our Help Desk > at 212-541-2000 ext.3314, or by e-mail to [EMAIL PROTECTED] > ********************************************************************** > > 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
