Re: Who really benefits from 60-day period?

[Vince Wolodkin <wolodkin@digitalink.com>]

Leo Smith wrote:
> 
> my understanding of the 60 day rule is that I am precluded from use a
> SLD name, such as jones.com, until after the expiration of a 60 day
> wait, during which time anyone claiming a trademark right to jones can
> step forward to file an objection to my use of jones.com.
> 
> There will be a tremendous amount of inconvenience and hassle endured
> by the wait-ers. By all counts, less than four tenths of one percent
> of users would ever be affected by any claim of trademark
> infringement...So why put so many people through the hassle and
> inconveience when the solution applies to a fraction of a percent of
> total users? Add to that question a second question...what historical
> example can the trademark rights advocates produce to show a past
> example of a waiting procedure, and how effective or ineffective it
> was? I personally believe that the number of lawyer letters
> threatening legal action, and the number of lawsuits filed, over
> trademark issues as they apply to domain names, will not be
> effectively reduced (if at all) by the institution of a wait.

I totally agree with you here and would like to strengthen your last
sentence.

You say:

> was? I personally believe that the number of lawyer letters
> threatening legal action, and the number of lawsuits filed, over
> trademark issues as they apply to domain names, will not be
> effectively reduced (if at all) by the institution of a wait.

I would change the last line as follows:

effectively reduced (if at all) by ANYTHING THE IAHC OR CORE THINKS THEY
MIGHT DO.

Staying out of it is the best bet, completely and irrevocably staying
out of it.  Learn from NSI's mistake.  Right now you are repeating NSI's
mistake.  You, like they, are believing that there is something you can
do outside of normal legal processes to minimize lawsuits.  

No matter how you slice it, it comes up peanuts:-)  Uh oh, did I just
infringe???

Vince Wolodkin