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    This discussion has been archived.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
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    Re: Sun's Lawyers Threaten Registrars -- Say .biz
    by Anonymous on Thursday August 30 2001, @07:13AM (#2065)
    Do you mean literally "in court". Or would statements in a lawsuit that was filed also qualify as unmerited positions?
    [ Reply to This | Parent ]
    Re: Sun's Lawyers Threaten Registrars -- Say .biz
    by hofjes on Thursday August 30 2001, @08:47AM (#2069)
    User #60 Info
    Good article. Thanks for the link.

    Rule 11 may applies only during litigation, but state bar rules likely prohibit taking positions which are not supported by law.
    [ Reply to This | Parent ]
    Re: Sun's Lawyers Threaten Registrars -- Say .biz
    by ldg on Thursday August 30 2001, @08:44PM (#2073)
    User #2935 Info | http://example.com/
    Isn't such a letter, when it is clearly used for intimidation, considered harrassment? Isn't that an ethical violation? Surely the attorney's are aware that the law would not support such a claim - that any use of a mark is not permitted by anyone other than the trademark holder in any other class of goods or services. They must also be aware that a domain name in and of itself is not a trademark. Also, did not Neulevel state that common law marks had as much right to register as registered mark holders?

    As strongly as I disagree that trademarks have a place in the DNS, I even more strongly disagree that SUN Microsystems has any right to exclusive use of the generic word sun or many of their other marks. No trademark holder can own common language. If they could, none of us could every write or publish anything.
    [ Reply to This | Parent ]


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