11/14 All these litigations over .com domain names can be easily
circumvented by allowing only registered/trademarked names
to qualify for .com and then either create a separate TLD,
say, .prv, or overloading .org, for those that aren't
qualified. -- cmlee
\_ FALSE. Multiple companies can trademark the same name in
different industries. For instance, Anheuser-Busch
lost a lawsuit trying to keep florists from using the
name "Bud Lite" because the court ruled it wasn't in
competition with the beer. Also, what country do you
make the authoritative trademark decision maker for the
world? Many .com domains are outside the US, and different
countries have different trademark laws. For many more
reasons this is a bad idea, see http://www.patents.com
-alanc-
\_ I hopped over and guess what I found in weblaw.sht?
"Among other things, it is wise to obtain a trademark
registration for the domain name immediately if one
has not already done so."
I am simply suggesting making it a requirement for
.com TLD. Sure companies are gonna sue each other,
as they've done for ages. But let them do it in the
court of trademark law (internationally if necessary).
Then for individuals place them in separate TLD or overload
say .org so they don't get sued by the big boys. -- cmlee
\_ so I've got to file for a trademark if I want a .com
address for my web authoring business?
\_ If you want a .com address you should be at least a
registered company, which means most potential (not
all) name conflicts would have been checked out
by the time you finally receive your license.
If you just want a .prv address then you get it
on first-come-first-serve basis. -- cmlee
\_ hardly. There are thousands of companies across
america whose names conflict with other companies,
but they don't care because they aren't in the
same market.
\_ yer just stating the obvious. i am talking
about on the web. if there's any conflict
over domain names, it'll be resolved by
those company lawyers, who has to worry
trademark laws. and i'll bet a dollar most
will settle by arbitration instead of in
the court.
\_ So I guess hh is in trouble now for snagging all those
proprietary domain names to sell back to companies. :)
-John
\_ it sounds like there is a fundamental misunderstanding
in that companies don't just trademark their
company names - they also trademark product names,
service names, combo product-service package names,
as well as ad slogans... so if I want to pick a
domain name, I have to avoid all those possible
trademarks, on an international level? I don't
think so. Also, trademarks run out after a number
of years if you don't use it. - mas
\_ Only in US -muchandr
\_ The sad reality is that if you DON'T get a trademark
on your domain name, you risk losing it. Thats why
NSI recommends trademarking it, not because you're
required to trademark the domain name. NSI's policy
is to just suspend the domain and let the courts
decide. Meanwhile the domain is basically dead. -ERic |
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