Re: Open letter to Kelsey Grammer: the Internet is not a trademark-free zone

On 11/13/98, Greg Ikonen <gikonen[_at_]venlaw.com> wrote:
>

[discussing NSI's challenge procedure]
>
> Not only does Kelsey need a registered trademark, but he must
> satisfy Internic that he acquired that registration prior to the
> date his friendly cybersquatters registered the domain name.

No, that's not correct; please reread the NSI procedure. It is enough, to "win" the NSI challenge procedure, that the challenger's trademark registration recite a "date of first use" that precedes the domain name.

> Failing that, his only remedy is to go to court. Sound fair?
> Workable? You're not alone. A variety of "virtual" solutions to
> domain name disputes have been proposed, but to my knowledge, none
> has been widely accepted. Does anyone else have any additional
> information on this point?

See "Analysis and recommendations regarding NSI policy" at:

   http://www.patents.com/nsi/iip.sht

See "Remedies in domain name lawsuits" at:

   http://www.patents.com/pubs/jmls.sht

See "NSI flawed domain name policy page" at:

   http://www.patents.com/nsi.sht

Carl Oppedahl
<carl[_at_]oppedahl.com> Received on Sat Nov 14 1998 - 14:30:18 GMT