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    Stanford Cyberlaw Clinic To Defend Domain Name Owners | Log in/Create an Account | Top | 14 comments | Search Discussion
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    Re: Stanford Cyberlaw Clinic To Defend Domain Name
    by Anonymous on Sunday October 27 2002, @09:44PM (#9854)
    The industry's going to kick and scream about it, however, the registries and registrars ought to share some some responsibility for the more egregious instances of cybersquatting. As more and more TM databases are put on line, there could be a some sort of link between domain registration and a registered TM check, say, minimally mandatory in the intended registrant's and registrars home country. In cases of a direct match between a registered TM and a domain the application could be rejected, unless the domain registration was sought by the true TM owner. There are rumors of TM patrol type companies already performing this service after a domain is registered. If exclusiveness can be done post, it ought to be done pre. As the future perspective tilts toward excludability, cybersquatting, already an endangered species, will become near extinct. Since the technology is there, either the domain registrations industry will voluntarily adopt it to reduce cybersquatting or face exposure to legistration or judicial decree imposing responsibility upon it. Placing some responsibility for reducing cybersquatting on the registrars and registries won't entirely eliminate cybersquatting, however, it will go a long way in that direction.
    [ Reply to This | Parent ]
    Re: Stanford Cyberlaw Clinic To Defend Domain Name by Anonymous
    Re: Stanford Cyberlaw Clinic To Defend Domain Name
    by jberryhill on Monday October 28 2002, @11:17AM (#9861)
    User #3013 Info
    "In cases of a direct match between a registered TM and a domain the application could be rejected, unless the domain registration was sought by the true TM owner. "

    ...which was obviously written by someone who believes that there is such a thing as a "true" TM owner for a given TM.

    Who is the "true" TM owner for "champion"? The people who make spark plugs? The people who make t-shirts? The people who make home equity loans? Or the guy who just won his local bridge tournament?

    Why should a maker of furniture polish have exclusive rights to the word "pledge"? Why would you forbid a fraternity or sorority from using the word "pledge"?

    Why do you think that someone who wants to sell, say, seashells, should not be able to use the word "Shell", but you believe that the only legitimate use of the word "shell" is to refer to a Dutch oil company?

    Despite the advertising bans on cigarettes, you would prefer that people not use the word "camel" to refer to a four-legged desert mammal, and you would prevent its use for anything other than cigarettes. Why?
    [ Reply to This | Parent ]
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