Re: 60 day period

[Carl Oppedahl <carl@oppedahl.com>]

At 09:49 AM 01/10/97 -0800, Christopher Ambler wrote:

>> This procedure will be followed in *every* case.  It will be followed,
>> whether or not there is a challenge during the 60-day period.  The
registration
>> *will* be issued at the conclusion of the 60-day period, even if the
trademark
>> owner takes the applicant to court during the 60 days;  even if the
trademark
>> owner sends a letter to the registrar demanding that the registration be
>> withheld.
>
>Then this makes no sense at all. If the 60-day wait happens, but everything
>else is as it is now, then of what use is the wait? If someone protests
>during the 60-day wait, the domain is STILL issued, and the only one
>inconvenienced is the registrant! They STILL get to use it after 60 days,
>and no court action will happen that fast.

I am very sorry but there is something about the court system that you
apparently don't know.  Courts are empowered to grant temporary restraining
orders and preliminary injunctions.  Such relief is often granted within
ten or fifteen days of the filing of a lawsuit, sometimes the same day the
lawsuit is filed.

The protest to which you refer is filed with a court, together with a
motion for a preliminary injunction.  If the PI is justified, the court
grants it.

>So if there is no procedural change, the 60-day wait is merely an
inconvenience
>to the registrant. Nothing else.

See the above.