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    Highlights of the ICANNWatch Archive
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    US Govt. Agency Says .us Procurement (Partly) Unlawful | Log in/Create an Account | Top | 59 comments | Search Discussion
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    Re: ICANN Boards must be quiet...
    by Grumpy on Saturday February 16 2002, @09:54AM (#4897)
    User #2759 Info
    I'll try to keep this brief.

    The Internet and trademark law may be completely incompatible. A good sunrise policy, however, limits the disconnects between public expectation and reality.

    The .us policy is an improvement upon the .info sunrise for the following reasons:

    1. Limitation to text-only marks. Logos and design marks with textual elements are NOT eligible for the .us sunrise.
    2. Verification against blatant abuse of the sunrise system. Neustar will compare all sunrise apps against the USPTO database to confirm that the domain name applicant is the owner of a valid registration or application.
    The policy isn't perfect... in particular, I object to Neustar's proposal to allow sunrise apps based on pending applications, or on registrations on the Supplemental Register (terms that may someday become distinctive for a particular source of a good or service, but currently lack the requisite public recognition to show distinctiveness).

    To answer Mr. Anderson's last question: Any proper use of a domain name or trademark by one person precludes or abridges the rights of other persons... that's life. When that use is improper, then persons with a more appropriate claim may attempt to use the law to correct that improper use. A properly implemented sunrise policy is the least-restrictive means of allowing consumer expectation to match reality from the outset.

    - Grumpy

    [ Reply to This | Parent ]


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