Re: New TLDs and Registry charters

[rick@yujean.com (Net Sales)]

>On Sat, 7 Dec 1996, Michael Dillon <michael@memra.com>:

>This is the key right here. Somehow IAHC has to get the message across
>that the domain namespace is not like other contexts so that names do not
>need to be "protected". Nobody can stop me from using the term "kleenex"
>without the trademark symbol and nobody can stop me from using the term to
>refer to any miscellaneous brand of paper tissue (even toilet paper) that
>I might use to wipe my childrens' noses with. That's because not all of
>life is a commercial venue. Somehow we have to get the message across that
>the domain namespace is not a commercial venue but that portions of it can
>be set aside for commercial rules to apply. But only portions.

nobody can stop you from referring privately to a paper tissue as a
'kleenex', but whenever you say it publicly, whether commerically or not,
you can expect to hear from the 'kleenex' police.  all trademarks stand the
chance of being removed if not enforced, or becoming generic.  use the word
kleenex, and you will hear from them.  are you violating the law?  they'll
want a court to decide.  as their lawyer (and i'm not a lawyer), i'd argue
that you used a commercial medium (the internet) inappropriately and demand
whateverthehell lawyers demand in this situation.

no, not all of life is a commercial venue, but like it or not, much of it
is, and it intrudes on most private spaces now.  should the net get first
admendment protection (in the u.s.)-absolutely!  does the first admendment
protect you from disparaging a trademark-no.

rick cricow

  ------only two things that money can't buy;
                 one is true love, the other is home-grown tomatoes------
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