Re: Thread 2: 60-day issue

[Carl Oppedahl <carl@oppedahl.com>]

At 11:04 AM 12/24/96 -0800, Bryant Durrell wrote:

>Christopher Ambler writes:

>> I see this as a simple statement that there is no waiting period for
>> activation in the DNS, but that there is a 60-day puublication
>> period, during which applicants should expect any disuptes due to
>> trademark issues. The resolution, nor any forced waiting period,
>> should not be put upon the registrar, but upon the registrant.

>That makes a lot of sense.

>I'm curious (perhaps I missed the answer to this, in which case I 
>apologize) as to the reasoning behind this clause.  Is it intended
>to make sure that all trademark issues are resolved before the domain
>goes into serious use, or is it intended to give domain owners a bit
>of protection, or what?

It doesn't "make sure" that all such issues are disposed of before the
domain name goes into use.  For example, someone might register a domain
name that is capable of several uses, some that cause trademark trouble and
some that do not.  Then after the 60 days is up (perhaps a year later) the
domain name owner actually activates the domain name (perhaps it's a web
site) and perhaps we see for the first time that they have selected the
infringing use.  Then the trademark owner rushes to court, points out this
bad thing that has just begun, and the court orders it halted.

But of course what we see so often (clue, juno, regis, roadrunner, dci,
disc, ty) is a situation where there is no actual infringement going on --
it is merely that the trademark owner slept through the first few years of
the Internet and covets the domain name.  In those cases, the 60-day
waiting period should probably do a lot to protect the innocent domain name
owner.  The judge is going to look at the trademark owner, and will say
"well, the only conduct you are complaining about is ... that they
registered the domain name.  What is your excuse for why you waited until
now to gripe about it?"  And the merely covetous trademark owner who has no
actual case for infringement will be unable to answer.