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Re: new.net

  • From: David Schwartz
  • Date: Fri Mar 09 16:38:43 2001


> How do you propose to enforce this?  What authority will be able to
> intercede in a trademark lawsuit involving a domain outside .tm, and put a
> stop to it?
>
> The namespace is the namespace, and infringment is infringment, whereever
it
> occurs.  If infringment occurs, the damaged party should not be prevented
> from seeking relief.

    The problem is not infringement. Obviously, if there's actual trademark
infringement, it should be dealt with no matter what domain it occurs in.
The problem is the exceptional protections that go way beyond traditional
infringement/dilution/deception/confusion that are being granted to domain
names in some TLDs.

    If you look at most domain disputes that have resulted in a domain being
transferred, you will not see any actual confusion, deception, trademark
dilution, or actual trademark infringement. What you will see is exceptional
protection that goes way beyond what any court of law would give to an
actual trademark.

    One can argue that these exceptional protections are justified because
of the special nature of some TLDs. So the logical thing to do, if you don't
like the exceptional protections, is to change the nature of the TLDs. That
is why suggestions to change the meaning of .com or add new
trademark-oriented TLDs _are_ on target.

    DS








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