Re: Thread 2: 60-day issue

[Karl Auerbach <karl@CaveBear.com>]

> Suppose I get the name "pepsico.com" -- Pepsi doesn't know the the
> internet exists.  Pepsi wakes up one morning and discovers the
> internet, and says "Hey, some joker is using 'pepsico.com'".  The
> judge says "sorry, you should have complained during the 60 day
> waiting period".  Pepsi's expensive lawyers tell the judge "there was
> no legal requirement that we look at this web page we just found out
> about.  We certainly could not be held responsible for knowing about
> it."

The existance of the domain name system is being widely discussed among
intellectual property lawyers.  It is nearly impossible to go to a meeting
of IP lawyers in which there isn't a session or two on "the domain name
question". 

And as Robert Frank of CORSEARCH pointed out, searches of the domain name
space by mark search companies are becoming the a standard part of name
searches.

So, even if "pepsi" (if one can put a singular noun on what is a
collection of many people) doesn't notice, if pepsi's intellectual
property lawyers failed to notice then you can be pretty sure that
somebody is going to be answering some malpractice questions. 

So, the answer to your concern is that, ignorance of the domain name
system or the internet can not long survive as an excuse. 

		--karl--