Gene and all,
Of course you are correct. However I was eluding to the fact that
CORE "Could" make this claim given the circumstances in order
to strengthen their position, and cast a shadow over IOD and their
claim to .WEB from a legitimate "Use" position.
It should also be noted that I did not see a TM filing listed on .WEB by
IOD, though there very well may be one. However there is one pending
from a CORE member with the USPTO.
Gene Marsh wrote:
> Abandonement, in legal terms, has specific meaning. Intellectual property
> typically must be unused (and unmarketed) for a period of 2 years or more
> to even be considered abandoned.
>
> This should not be an issue at all for IOD.
>
> Gene...
>
> At 02:03 PM 7/19/99 +0100, you wrote:
> >Gordon and all,
> >
> > The one big problem that IDO has here is that their Registry is
> >currently not in operation at this time, and hence could be grounds
> >for CORE claiming that IOD has abandon their (TM? - SM) on
> >.WEB.
> >
> >Gordon Cook wrote:
> >
> >> For release Monday, 19 July, 1999
> >>
> >> San Luis Obispo, California
> >>
> >> Lawyers for Image Online Design, Inc., owner of the .WEB Internet Domain
> >> Registry, today sent letters to the Council of Registrars (CORE) and
> >> Name-Space, requesting that they cease all use of Image Online Design's
> .WEB
> >> trademark. "Image Online Design owns valuable trademark rights in .WEB, and
> >> we have invested substantial time, effort and money developing our registry
> >> business in connection with the .WEB mark," said CEO John Frangie. Image
> >> Online Design uses the service mark .WEB to identify its Internet domain
> >> name registry and registrar services. "Image Online Design wants to make
> >> sure there is no confusion over who owns the .WEB registry and the
> rights to
> >> the trademark," added Frangie.
> >>
> >> Image Online Design began operating its .WEB registry in July, 1996, and
> >> has continuously offered registry and registrar services for its clients
> >> throughout the United States and around the world. "At the beginning,"
> >> noted Frangie, "it was expected that new registries would be added to
> IANA's
> >> root servers by October of 1996; that was IANA chief, Jon Postel's original
> >> plan." The .WEB registry has always been fully operational and many
> >> Internet users enjoy unfettered access to Internet names in Images Online
> >> Design's .WEB registry. The addition would allow the rest of the
> Internet's
> >> users access to those names in the .WEB registry. Despite hang ups with
> the
> >> addition new top-level domains to the root servers, now operated by Network
> >> Solutions under a U.S. Government contract, Image Online Design has
> >> continued its .WEB registry services while actively participating in the
> >> debate to add new registries.
> >>
> >> The letters simply ask that CORE and Name-Space cease their use of our
> >> trademark. "We're looking forward to competing with both CORE and
> >> Name-Space," said Frangie, "but their use of .WEB clearly infringes upon
> our
> >> rights, and confuses consumers. I'm sure that this will be worked out
> >> quickly and amicably."
> >>
> >> "Trademark protection is an important issue surrounding the Internet
> >> today," said Wes Monroe, attorney for Image Online Design. Monroe also
> >> explained, "Courts have consistently held that traditional trademark
> >> protection extends to the Internet's domain name system, and registry and
> >> registrar services are no exception. CORE, by filing applications for
> >> federal trademark registration for six marks, including .WEB, has indicated
> >> that it believes that trademark rights apply to domain registry and
> >> registrar services."
> >>
> >> About Image Online Design
> >>
> >> Image Online Design, Inc., of San Luis Obispo, California, operates the
> >> .WEB Internet domain registry. More information about the company and its
> >> .WEB registry can be found at its corporate web site, http://webtld.com or
> >> http://nic.web.
> >>
> >> #######
> >> ****************************************************************
> >> The COOK Report on Internet Index to seven years of the COOK
> Report
> >> 431 Greenway Ave, Ewing, NJ 08618 USA http://cookreport.com
> >> (609) 882-2572 (phone & fax) The only Good ICANN is a Dead ICANN
> >> [EMAIL PROTECTED] What's Behind ICANN and How it Will
> >> Impact the Future of the Internet http://cookreport.com/icannregulate.shtml
> >> ****************************************************************
> >
> >Regards,
> >
> >--
> >Jeffrey A. Williams
> >Spokesman INEGroup (Over 95k members strong!)
> >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
> >
> >
> >
> >
> ++++++++++
> Gene Marsh
> president, anycastNET Incorporated
> 330-699-8106
Regards,
--
Jeffrey A. Williams
Spokesman INEGroup (Over 95k members strong!)
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
