Re: Who really benefits from 60-day period?

[Carl Oppedahl <carl@oppedahl.com>]

At 12:58 PM 01/08/97 -0500, Vince Wolodkin wrote:

>Carl Oppedahl wrote:
>> 
>> At 11:28 AM 01/08/97 -0500, Vince Wolodkin wrote:

>> >Besides, if I register a domain name and don't trademark it, aren't I
>> >failing due diligence.
>> 
>> Surely you are aware that in many countries it takes a year or two or more
>> to obtain a trademark registration.
>
>So?  Doesn't application for trademark give you standing in court?

None whatsoever in the United States.  The same is true for a large
fraction of the other countries of the world.  None whatsoever.

>> >If a domain name registrant wants added
>> >protection, they can not use it for 60 days on their own.
>> 
>> No, there's a big difference between the following:
>> 
>> 1.  IAHC proposal in place.  Covetous trademark owner awakens to the
>> Internet, tries to grab a domain name that is a couple of years old.  Judge
>> laughs the trademark owner out of court, pointing out that the trademark
>> owner hasn't offered any good excuse why it didn't speak up during the
>> 60-day period.
>
>I would totally agree with you IF THE IAHC HAD ANY REGULATORY
>AUTHORITY.  Since they are not recognized by any government as having
>any regulatory authority, I think I could effectively(well maybe not me
>personally) argue that a 60 day period means nothing because their is no
>regulatory authority.
>
>> 2.  VW proposal in place.  Covetous trademark owner awakens to the
>> Internet, tries to grab a domain name that is a couple of years old.
>> Domain name owner pipes up, saying "oh, but during the first sixty days of
>> our domain name we didn't actually use it."  Judge looks at domain name
>> owner with puzzlement as to why something that the owner did or did not
do, a
>> couple of years ago, makes any difference now.  Lawsuit drags on until the
>> domain name owner runs out of money.
>
>You have made MY point.  Since IAHC has NO regulatory authority, how can
>domain holder go to court and say "Well, IAHC didn't actually let me use
>the name for the first 60 days".  Judge looks at domain name owner with
>puzzlement as to why something that the IAHC did or did not do, a couple
>of years ago, makes any difference now.  Lawsuit drags on until the
>domain name owner runs out of money.

No, I am afraid you are mistaken about this.  It does not matter whether or
not IAHC has regulatory authority.  All that matters is what the judge
thinks.  And (I do this for a living, not merely on TV) I know that judges
will place substantial importance on the existence of the 60-day period and
the reason why it was established.  

I appreciate that many of the commenters in this subject have an innate
distrust of lawyers and generally proceed under the assumption that they
act on purely selfish motivations.  Such views are of course justified but
they apply to everyone, not just lawyers.  But (I have said this several
times) I am on your side.  I have repeatedly put forth the
pro-domain-name-owner point of view in an effort to counter the
anti-domain-name-owner points of view (NSI and some trademark owners).  If
I am telling you that the 60-day period would be good for domain name
owners, not bad, can you not possibly believe that I am giving my sincere
point of view based on substantial professional experience?

>> >The ONLY way I see this as helpful is if the CORE would be willing to
>> >defend the 60 day period in court.  Then if a registrant is challenged
>> >after 60 days, the CORE would get involved in the suit, taking the
>> >position that the complaintant failed to file within the specified 60
>> >day period.
>> 
>> There is no way, none at all, that any domain name registration authority
>> is going to take sides in a domain name dispute.
>
>Again, you have made my point for me.  Any recognized regulatory body
>ALWAYS stands behind their decisions, that's probably why they are
>recognized.  It's pretty easy to hand down edicts from on high when you
>don't have to back them up in court.  Step back Carl, and look again,
>blink your eyes a few times to clear the fog.

Okay, fine, you want to alienate me?  Fine.  I'm on your side, and I am one
of only a small number of lawyers who is on your side.  If you want to
change that, continue as you do now and you will achieve your goal.

Carl Oppedahl