Re: trademark law

[rick@yujean.com (Net Sales)]

Michael Dillon <michael@memra.com> writes:

>On Thu, 12 Dec 1996, Net Sales wrote:
>
>> >There is no current law regarding domain names.
>>
>> current tradeamrk law would apply to any use of a trademark, including
>> domain names.
>
>This is an oversimplification. Trademark laws do not apply to
>non-commercial use of trademarks. And there is no current legislation or
>case law that deals with domain names.


Bear with me here a moment, but how is a domain name a non-commercial use?
Ford doesn't have a web site so it can solicit charitable donations to its
Foundation.  Baskin Robbins is not providing a web site for the benefit of
handicapped children.

Domain names are absolutely commercial in most cases.  That's why companies
fight for them and fight to own them -- so web surfers who are using search
engines can find them by typing in "chrysler" not just for the hell of it.

But I'm just a lawyer practicing Intellectual Property law and an
independent business person, so how could I possibly know more about the
law than you who does ISP Consulting.

And BTW, we lawyers get very very tired of people telling friends and us
what the law is because of course laypeople are just lawyers without a
license.  I wouldn't never presume to tell you how an ISP should or does
operate.

But that's just me

Carol Busby Cricow
Attorney and
wife of owner of Net Sales.

carol forgot to mention that there IS caselaw, the most noticable being
warner bros vs. roadrunner.com, where the little guy actually won one!
rick cricow

  ------only two things that money can't buy;
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