Re: Thread 2: 60-day issue

[Kent Crispin <kent@songbird.com>]

Carl Oppedahl allegedly said:
> 
> 
> Well, I understand your point and it is certainly an important one.  I
> believe, and believe strongly, that courts will give great weight to the
> 60-day period, and will indeed grill a trademark owner for his or her
> excuse for why the claim was not presented during that time.  And that
> trademark owners who merely covet domain names will tend not to even raise
> challenges.
> 
> The pity is that if I am right and you are wrong, I won't ever be able to
> prove it, for the simple reason that the challenges won't happen and so
> won't be listed anywhere for people to keep count of.

But wouldn't a 60 day period of publication, commencing on 
*activation* of the domain name, convey many of the same benefits?  All 
parties who were worried about potential infringing (or diluting 
names, I stand corrected) would have a list to view for 60 days, and 
if they didn't object during that time they would lose considerable 
credibility in court.  But the domain name holder would be able, at 
their option, to start their business.

Bear in mind that an astute business person could have already done a 
trademark search, and the 60 day wait for them is a pure waste.

-- 
Kent Crispin				"No reason to get excited",
kent@songbird.com,kc@llnl.gov		the thief he kindly spoke...
PGP fingerprint:   5A 16 DA 04 31 33 40 1E  87 DA 29 02 97 A3 46 2F