Re: [ICANN-EU] Re: WIPO

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

Alf and all,

 No it is not all that simple Alf.  But it is understandable that some
would think so.

  Misuse must be established.  Yes this would mean a court hearing.
But with the UDRP, very little establishment is needed as the complainant
gets to determine the Arbiters solely.  Hardly a fair way of resolving
a dispute.

  Second:  If someone uses part of a TM'ed term or name in a domain name
like Mercedessucks.org, and is not selling anything related to Mercedes
the auto manufacture, than no law is broken under US TM law.  This may
be different in other countries.  Hence the jurisdictional issue.

  And finally for this response:  It comments like yours below and others
that you have recently made that in our members minds as well as my
own, make you a poor candidate for an AL director.

Alf Hansen wrote:

> Hi,
>
> Trade marks are trade marks, and there are laws applied to them. Domain
> names are domain names, "lables" used for a lot of purposes. If you use
> someone else's trademark on a label trying to sell your product, you
> probably break the law. When you register a domain name you get no more
> rights to use this name than you had before. You are just registering a
> unique name on a label in a hierarchy. If you misuse someone else's
> trademark, you will be brought to court.

>
>
> Simple, isn't it?
>
> Best regards,
> --
> Alf Hansen                     Mail address:
>                                  UNINETT FAS A/S
> aha@uninett.no                   N-7465 Trondheim, Norway
> Home page:                     Phone: +47 73 55 79 00
> http://domen.uninett.no/~alf/  Fax:   +47 73 55 79 01

Regards,
--
Jeffrey A. Williams
Spokesman INEGroup (Over 112k members strong!)
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail jwkckid1@ix.netcom.com
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