Re: 60 day waiting period -- look at the facts!

[Michael Dillon <michael@memra.com>]

On Mon, 6 Jan 1997, Carl Oppedahl wrote:

> This "I didn't know about the sixty days" excuse will get used at most
> once.  Then some judge will laugh the trademark owner out of court, and it
> will be written up in the casebooks, and it will be unavailable from that
> day forward.

That's a pretty big presumption. I don't think the courts are that
predictable. And if this *DID* happen then it would encourage companies
to review the 60 day lists and dispute any name that they might possibly
want to have an interest in at some future date because the courts will
have set the 60 day point as a magic window. At this point the domain name
owner will quite rightly sue IAHC, CORE and the registries for having
created such an untenable situation. 

If IAHC and CORE have a goal of staying out of legal disputes then they
have to entirely drop this idea of a 60 day waiting period. They have to
say, "We will take no action which prejudices the courts one way or the
other". IMHO, a 60 day waiting period is a blatant attempt to prejudice
the courts in favor of trademark owners. Doing this in the hopes that it
might possibly buy some long term protection is an utter crap shoot.


Michael Dillon                   -               Internet & ISP Consulting
Memra Software Inc.              -                  Fax: +1-604-546-3049
http://www.memra.com             -               E-mail: michael@memra.com