Inside ICANNWatch  
Submit Story
Lost Password
Site Messages
Top 10 Lists
Latest Comments
Search by topic

Our Mission
ICANN for Beginners
About Us
How To Use This Site
Slash Tech Info
Link to Us
Write to Us

  Useful ICANN sites  
  • ICANN itself
  • Bret Fausett's ICANN Blog
  • Internet Governance Project
  • UN Working Group on Internet Governance
  • Karl Auerbach web site
  • Müller-Maguhn home
  • UDRPinfo.com;
  • UDRPlaw.net;
  • CircleID;
  • LatinoamerICANN Project
  • ICB Tollfree News

  •   At Large Membership and Civil Society Participation in ICANN  
  • icannatlarge.com;
  • Noncommercial Users Constituency of ICANN
  • NAIS Project
  • ICANN At Large Study Committee Final Report
  • ICANN (non)Members page
  • ICANN Membership Election site

  • ICANN-Related Reading
    Browse ICANNWatch by Subject

    Ted Byfied
    - ICANN: Defending Our Precious Bodily Fluids
    - Ushering in Banality
    - ICANN! No U CANN't!
    - roving_reporter
    - DNS: A Short History and a Short Future

    David Farber
    - Overcoming ICANN (PFIR statement)

    A. Michael Froomkin
    - When We Say US™, We Mean It!
    - ICANN 2.0: Meet The New Boss
    - Habermas@ discourse.net: Toward a Critical Theory of Cyberspace
    - ICANN and Anti-Trust (with Mark Lemley)
    - Wrong Turn in Cyberspace: Using ICANN to Route Around the APA & the Constitution (html)
    - Form and Substance in Cyberspace
    - ICANN's "Uniform Dispute Resolution Policy"-- Causes and (Partial) Cures

    Milton Mueller
    - Ruling the Root
    - Success by Default: A New Profile of Domain Name Trademark Disputes under ICANN's UDRP
    - Dancing the Quango: ICANN as International Regulatory Regime
    - Goverments and Country Names: ICANN's Transformation into an Intergovernmental Regime
    - Competing DNS Roots: Creative Destruction or Just Plain Destruction?
    - Rough Justice: A Statistical Assessment of the UDRP
    - ICANN and Internet Governance

    David Post
    - Governing Cyberspace, or Where is James Madison When We Need Him?
    - The 'Unsettled Paradox': The Internet, the State, and the Consent of the Governed

    Jonathan Weinberg
    - Sitefinder and Internet Governance
    - ICANN, Internet Stability, and New Top Level Domains
    - Geeks and Greeks
    - ICANN and the Problem of Legitimacy

    Highlights of the ICANNWatch Archive
    (June 1999 - March 2001)

    This discussion has been archived. No new comments can be posted.
    Sun's Lawyers Threaten Registrars -- Say .biz IP rules not good enough | Log in/Create an Account | Top | 12 comments | Search Discussion
    Click this button to post a comment to this story
    The options below will change how the comments display
    Check box to change your default comment view
    The Fine Print: The following comments are owned by whoever posted them. We are not responsible for them in any way.
    Re: Sun's Lawyers Threaten Registrars -- Say .biz
    by hofjes on Thursday August 30 2001, @04:52AM (#2062)
    User #60 Info
    It appears that neither Sun nor its prestigious law firm understand trademark law.

    Trademarks identify the source or quality of goods or services. The owner of a trademark does not have exclusive right to the word comprising the mark. Rather, it has the exclusive right to use the mark to identify the source or quality of its very certain goods or services. The rest of us can use the words comprising mark in other ways, and we can even use the same words to comprise a different mark identifying a different good or service.

    Sun may be able to protect COBALT for software or hardware, but Cobalt boats owns COBALT for boats. Likewise, anybody has the right to register cobalt.biz to market cobalt sales (i.e., the brittle metallic element used for magnetic alloys).

    If the lawyers who wrote that letter understand trademark law, then they are committing an ethical violation. Federal rule of civil procedure 11, and analogous state civil procedure rules, prohibit attorneys from make claims which are frivolous, vexatious and without legal merit. This demand letter qualifies as a violation of those rules.

    This matter is ripe for a declaratory relief action. The registrars should get together and sue Sun for a declaration that Sun cannot prohibit the registration of domain names similar to their trademarks. Perhaps Enterprise-Rent-A-Car should sue for declaratory relief, considering Sun claims to have the exclusive right to register a domain name similar to Enterprise’s arguable famous mark.
    [ Reply to This | Parent ]
    Re: Sun's Lawyers Threaten Registrars -- Say .biz
    by lextext on Thursday August 30 2001, @05:25AM (#2063)
    User #6 Info | http://www.lextext.com
    Hofjes -- Rule 11 only prevents lawyers from taking unmerited positions in Court; in the proverbial nasty letter, anything goes. There's a note about this in a recent column I wrote for Web Techniques called "Cease and Desist."

    -- Bret

    [ Reply to This | Parent ]
    Re: Sun's Lawyers Threaten Registrars -- Say .biz
    by mjrippon on Thursday August 30 2001, @11:59PM (#2075)
    User #2960 Info
    Precisely - the application of trademark law is the application of common sense. Trademark law becomes so much more straight forward when the primary purpose of a trademark - a guarantee of origin for the consumer - is kept at the forefront of one's mind.

    I just wish someone would tell the English High Court that. Sadly we've been floundering around for a few years following a deficient piece of drafting in the Trademarks Act. The Courts seem unable to make up their mind whether an infringement requires use of a mark *as a trademark*. This point will shortly be considered by the ECJ in the case of Arsenal FC v Read. Let's hope they use a bit of common sense too.
    [ Reply to This | Parent ]

    Search ICANNWatch.org:

    Privacy Policy: We will not knowingly give out your personal data -- other than identifying your postings in the way you direct by setting your configuration options -- without a court order. All logos and trademarks in this site are property of their respective owner. The comments are property of their posters, all the rest © 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008 by ICANNWatch.Org. This web site was made with Slashcode, a web portal system written in perl. Slashcode is Free Software released under the GNU/GPL license.
    You can syndicate our headlines in .rdf, .rss, or .xml. Domain registration services donated by DomainRegistry.com