CORRECTION - Re: [INTA] Trademarks and Domain Names

[Betty Schafer <betty.schafer@dir.org>]

Hi Leo,

I've been missquoted in your last piece.  

To set the record straight I was responding to the comments raised by
MICHEL.EMMENEGGER@Roche.COM, from the INTA list, he wrote what you claim
I said.

I don't want anyone to think I'm two faced.

Betty.

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Leo Smith wrote:
> 
> >From the intanet-l@inta.org discussion group comes this message...

MICHEL.EMMENEGGER@Roche.COM wrote:
> >
> > >      It goes without saying that the duties for the Trademark Owners
> > >      should
> > >      not be multiplied in the Internet.


> Question...Who decided that "Trademark Owners (duties) should not be
> multiplied in the Internet"?...the Trademark Owner should Police
> everywhere...when a new arena comes along, like the Internet, the duties
> SHOULD multiply for the Trademark Owner...unless of course, another
> solution can be adopted wherein the Trademark Owner succeeds in shifting
> the burden onto the shoulders of the Internet user

Trademark Owners have a legal duty to enforce their Trademarks, in which
ever forum this may be. Period.


I wrote:
> >
> > the IAHC is considering adopting a proposal suggested by the INTA.  The
> > proposal is that all Trademark Owners have 60 days to check and
> > challenge each domain name application.
> 
> Why is INTA's suggestion valid in the light of the onus placed on the
> 796,000 users who register .com and never infringe on anyone's trademark?

The point I went on to make was:
The TRADEMARK Directory contains information from Owners who do not want
infringement or dilution of their mark.  Publication in the directory
places Domain Name applicants on Notice of potential conflicts before a
name has been issued.  If they breach a Trademark Owners interest,
ignorance is no defence.


If Trademark Owners have their marks in the TRADEMARK directory, Domain
Name applicants can see where any conflict may arise BEFORE requesting a
specic domain name.  The dubious publication period of x days, therefore
becomes irrelevant and Domain Names can be issued immediately an
application is received.  

If a Domain Name Applicant ignores the rights of the trademark owner,
they will probably receive cease and desist notification followed by a
writ, with or without the x days publication period.

Betty.