[prev in list] [next in list] [prev in thread] [next in thread] 

List:       inet-access
Subject:    Re: Domain Ownership
From:       johnl () iecc ! com (John R !  Levine)
Date:       2002-05-20 0:31:02
[Download RAW message or body]

>IANAL, but my understanding is that prior use trumps a later
>trademark, unless it looks like the domain was registered only
>to capitalize on a well-known name that was later trademarked.

The infamous Uniform Dispute Resolution Policy (UDRP) as actually
enforced favors trademark registrants in nearly every instance,
regardless of the legal merits of the situation.  If you want to hold
on to your domain, you have to get it into court, where the rules are
reasonable, rather than UDRP, where they aren't.


-- 
John R. Levine, IECC, POB 727, Trumansburg NY 14886 +1 607 387 6869
johnl@iecc.com, Village Trustee and Sewer Commissioner, http://iecc.com/johnl, 
Member, Provisional board, Coalition Against Unsolicited Commercial E-mail
-
Recent archives of the list can be found at:
http://mix.twistedpair.ca/pipermail/inet-access/
Send 'unsubscribe' in the body to 'list-request@inet-access.net' to leave.
Eat sushi frequently.   inet@inet-access.net is the human contact address.
[prev in list] [next in list] [prev in thread] [next in thread]