Re: Thread 2: 60-day issue

[Kent Crispin <kent@songbird.com>]

Carl Oppedahl allegedly said:
> 
> At 09:01 AM 12/26/96 -0800, Kent Crispin wrote:
[...]
> 
> >However, if there are no complaints during the 60 days, then their
> >ability to complain later is seriously limited.
> >[...]
> 
> So what exactly is it that changes on the 60th day, under your proposal?  A
> trademark owner can go to court before or after that day, right?  And the
> domain name functions before and after that day, unless a court orders to
> the contrary, right?  So what's different on the 60th day?

The difference is that it is no longer in the list of new domains 
being advertised for possible contention.

If you get a DBA you can do business using the name during the
publication period.  If you get a trademark you can do business using 
the name during the contention period.  There seems to be plenty of 
precedent for such a notion.

Of course, it is hypothetical how the courts would view such a 60 day 
publication period, but no more hypothetical than a 60 day period 
with an inactive domain name.

-- 
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