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Use of Repository Data for Certain Purposes
- Date: Mon, 13 Jan 1997 22:27:29 -0500
- From: Robert Frank <bobf@corsearch.com>
- Subject: Use of Repository Data for Certain Purposes
Alex Horns had a very well presented statement as to the need to have a
centralized repository for the domain name data. He stated, in
part,:
The trademark law of most countries comprises also an infringement of
a trademark by similar, but not identical strings. This concept of
'similarity' depends on national or regional law and might, inter
alia, be phonetical similarity. Hence, from a trademark owner's point
of view, it is necessary to be able to scan the repositories for
infringements by SLDs which are similar but not identical to a given
trademark.
*******************************************************************
Alex, by the above statement, was describing what is referred to in the
trademark searching industry as a "watch" search. __One__ of the purposes
of a trademark watch is to alert the trademark owner of potentially
infringing usages of a name. However, Alex missed an equally important
need for the repository.
This list as been loaded with criticism of the 60-day waiting period because,
basically, people don't want to wait. They want their domain name issued
now because of pressing business needs. (Having been in business for 14
years I have never had the need to have a name _right now_. I wonder what
I have been missing.) Anyhow, for those hundreds of thousands of
responsible companies and businesses that each year order trademark
searches before beginning to use a new name, the inability of having an
accurate and reliable source of domain name data will mean that they
will have to wait to release their name. Already the major trademark
searching companies offer "update" searches for clients wherein
watches are made of the PTO data (since data included in
trademark search reports often is 2-3 weeks behind actual filings.) The
PTO is working on electronic filings which would reduce this to a day
or so within a few years. Since everything on the net with respect to domain
name applications and registrations is already electronic, there is no reason
why that database cannot be ftp or otherwise made available on a daily basis.
And there is as much of a pressing business need for that as there is to
have "right now" registrations.
Robert Frank, President
CORSEARCH, Inc.
(speaking as a person who is interested in this area.)