On Mon, 5 Jul 1999 20:34:47 +0200, Jean-Michel Becar <[EMAIL PROTECTED]> wrote: >Dear Collegues, > >This is my first Email in this list as I'm completely new in this process. >I'm working for ETSI and I'm in charge like was Roberto Gaetano before he >left us (I deeply regret him, he was my boss for 6 years and I learnt so >much with him but this is another story). > >So my concernes about trademarks is the following: >1) A trademark can be protected country by country, this means that we are >able to protect a trademark only in one or more contries but not all over >the world, so what will happen as the .com .org or .net are worlwide??? >I mean somebody is protected hgis trademark in a certain country, registrer >his trademark within the .com domain name, but somebody else protected the >same trademark in another country and want the same URL ?? What will >happened? DO we have a solution to fix that kind of probleme ?? Is the >precedence the rule for that problem?? It is not for us to solve this "problem." The responsibility to protec the trademark rests SOLELY with the trademark holder. >2) How to be sure for a registriy or/and a registrar that a trademark is >actually protected? As far I know with no link with the official trademarks >offices, I mean in term of electronic links, may be could be a solution to >find a way to interconnect the Trademarks Offices with the registries >or/and registrar to be able to send requests to such servers in order to >know if the name currently asked as Domain Name in a Trademark or not ? I >know this seem to be a science rocket solution to put in place but even if >that take a long time may be could be a long term very stable and good >solution for dispute resolution? What do you think about that? This implies that there is only a commercial use of a domain name, and also that all commercial uses of a domain name require a trademark. This is a false assumption. >3) A possible solution could be (but this is an expensive solution so I >prefer to forget it but I tell you as it's my actual thought): >Why not to ask the costumer to come up with an official paper or wathether >the proof that his domain name is trademarked and he has the right to use it >as it's his? Yes, I know this is a rubbish solution but if the research by >the trademarks offices could be negociated for a very low prices for this >kind of operations, WHY NOT? But I tell you this is a very very last >solution because very expensive. Same argument as above. This is right up there with the most draconian suggestions I've seen. -- William X. Walsh General Manager, DSo Internet Services Email: [EMAIL PROTECTED] Fax:(209) 671-7934 "The fact is that domain names are new and have unique characteristics, and their status under the law is not yet clear." --Kent Crispin (June 29th, 1999)
