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

[Jeff Williams <jwkckid1@ix.netcom.com>]

Michael,

  Please read below your comments.

Michael Dillon wrote:
> 
> 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.

  Yes, very true.  It would also set up a whole new legal assistance
industry that would provide for a seervice for "60 day lists".  That
would be a exercise in legal wrangeling.

  
> 
> 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.

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

Regards,
-- 
Jeffrey A. Williams
DIR. Internet Network Eng/SR. Java Development Eng.
Information Eng. Group. 
Phone :972-447-1878
E-Mail jwkckid1@ix.netcom.com