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Waiting periods, success and failures
- Date: Wed, 08 Jan 1997 16:20:56 -0500
- From: David Collier-Brown <davecb@suncan.Sun.COM>
- Subject: Waiting periods, success and failures
Michael Dillon wrote:
> By creating the 60 day waiting period they already have taken sides
> with the trademark owners who do not currently have a domain name. They
> are encouraging trademark owners to launch frivolous suits against
> new domain name owners who have not infringed on a trademark and who have
> no intentions of doing business in a way that infringes on a trademark.
> The actions of CORE/IAHC is directly damaging to these people and in
> addition the 60 day waiting period is directly damaging to a whole
> class of people, those who wish to register new domains, so it could well
> lead to a class action suit against CORE/IAHC.
Well, I don't think we will see class actions, but I do see
your arguement that this slants the field toward the challenger.
So let's look at actual behaviors in the past, and the jurisdictions
where publication periods have been tried, so as to give us some
kind of idea what people might be able to do.
I can speak a bit to the early history of trade mark, but know **zip**
about waiting periods and where they're used. Can someone (Carl?)
tell us what they've been used for, and any notable sucesses and
failures?
And lets give this a new Subject line... as above.
This should then allow us to appreciate what we're getting into,
in both senses of the term.
--dave
--
David Collier-Brown, | Always do right. This will gratify some people
185 Ellerslie Ave., | astonish the rest. -- Mark Twain
Willowdale, Ontario | davecb@hobbes.ss.org, canada.sun.com
N2M 1Y3. 416-223-8968 | http://java.science.yorku.ca/~davecb