RE: A question about protocol

[Simon Higgs <simon@higgs.com>]

At 12:11 AM -0500 12/25/96, Robert Frank wrote:

> There is a good reason for the 60-day wait.  Without a waiting period the
> domain name owner begins to market their products and services, prints up
> business cards and other materials with their domain name/URL, and might
> actually be stepping on another's TM rights.  Then the TM owner comes in
> and the poor domain name owner is beside themselves.  If they lose the
> domain name they have to throw out all their promo materials and notify
> everyone that their new domain name is xxx.xxx.  This is the precise form of
> instability that destroys new entities.  We should do everything possible to
> assure young businesses that when given a domain name, like an address
> or a phone number, that they can use it and market with it and not have a
> fear of losing it shortly down the road.  So, the 30-60 day posting period
> helps protect both the small business from duplicative expenses and helps
> both small and large businesses who have trademark rights insure that their
> rights are also protected.
>

This is not the case at all. The most critical documentation in this
regard is a DBA. There's no waiting period, and businesses often set up
shop long before they file the DBA. A few years ago I moved state and
changed banks. The new bank needed a DBA in that state to process
checks under my business name. It took less than two hours to walk back
into the bank with it filed and published. There are millions of DBA's
being filed every day without a waiting period. A domain name is no
different to a DBA. It aquires secondary meaning through it's use which
may or may not be sufficient to be granted a trademark.


Regards,

Simon

--
If at first you don't succeed, skydiving is not for you.