Re: Trademarks

[Jeff Williams <jwkckid1@ix.netcom.com>]

Marty,

  I particularly liked your comments here.  They reflect my thinking
with respect to much of the Trademark and 60 day waiting limit
elements of the Dec 19 Draft.  

  It is my humble opinion that these provisions of the Draft are not
founded well.  Your comments here give a good insite to that feeling.
Weather or not the IAHC is going to attempt to limit legal behavior
with respect to gTLDs and the name space, is not within their perview.
Your comments here are a good analogy as to why.  It is difficult
to see how a 60 day waiting period is going to limit legal action.
In fact it may inflame the possibility.  International factors not
withstanding, imposing as a matter of procedure a 60 day waiting
period will have little if any effect on legal action one way or the
other.  

Marty Modell wrote:
> 
> We live in a litigatious society, not only here in the US  but
> anywhere where the citizenry have free access to the courts and where
> the courts are anywhere near impartial.
> 
> People are encouraged to sue for all sorts of reasons, for rea and
> imagined slights, infringments on public and private space, for any
> reason at all.  They sue for things that happened yesterday, last
> week, last year back to before they were even born. In most societies
> people have a right to sue, and there is very little you can do to
> stop them.
> 
> They may not win, but they can sue.
> 
> Trademarks are words or phrases used by a business to identify
> themselves and their products...  Any word can be used, and any word
> can be made up and used.
> 
> To put a stop to trademark infringement suits means to stop using
> words as part of Domain names.  Most people are reasonable and will
> tary a number of names until they get one they can use.  If you
> doubt that check out the names in use today.  My daughter tried to
> look up the Walmart catalogue and found World something something
> Mart
> 
> Was it a legitmate use of the name, probably, would Walmart the store
> have liked the name, probably.
> 
> My brother holds modell.com
> 
> He has yet to be sued by Art Modell (Baltimore Ravens), Modells
> sporting goods, or any of the other firms that use Modell as part of
> their name.
> 
> Could he be sued, yes!  Why hasn't he?  Probably because the potential
> litigators were reasonable people and found some other name to use or
> maybe after theree years they haven't gotten around to it..
> Comments
> --
> Marty Modell                     e-mail: ir001264@mindspring.com
>       http://www.mindspring.com/~ir001264/Home.htm
>                   author of
>       A Professional's Guide to Systems Analysis
>          Second Edition - McGraw Hill - 1996

Regards,
-- 
Jeffrey A. Williams
DIR. Internet Network Eng/SR. Java Development Eng.
Information Eng. Group. 
Phone :972-447-1878
E-Mail jwkckid1@ix.netcom.com