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60 Day wait
- Date: Tue, 14 Jan 1997 10:20:31 -0500
- From: "Leo Smith" <barter@ntplx.net>
- Subject: 60 Day wait
Dave Crocker asked Carl...
> >OK - Simple question:
>
> >If I register a name - and wait 60 days - will this protect my name from
> >being claimed by any owner of a trademark of that name?
To which Carl replied:
>
> A review of the above should make clear that the answer is "no". Any
> self-imposed waiting period is going to be ineffectual. It wasn't "a
> waiting period that is uniformly applied, well publicized, well
explained,
> and clearly set forth so that courts will know all about it and why it
was
> put into place."
Leo Smith asks Carl:
I believe that Dave's question referred not to a self imposed waiting
period, so let me restate Dave's question to Carl more succinctly:
"If I register a name - and wait 60 days AS THE RESULT OF A WELL
PUBLICIZED, UNIFORMLY IMPOSED, AND WELL EXPLAINED POLICY IMPLEMENTED BY THE
INTERNET REGISTRIES - will this protect my name from being claimed by any
owner of a trademark of that name?"
To that question I add: Carl, would you agree to indemnify all those URL
users who follow your advise of the wait if it later turns out that, in
spite of the WELL PUBLICIZED, UNIFORMLY IMPOSED, AND WELL EXPLAINED WAIT
POLICY, a court nonetheless sides with the trademark owner and forces the
URL user to give up the domain name?
860 668 4000