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

Kerry L. Konrad <k_konrad[_at_]stblaw.com> wrote:
>
> Responding to Rich Wiggins re: the use of Kelsey Grammer's name as
> a domain name, I believe that NSI, not Internic, would be the entity
> that would have to reassign the name, and under their dispute
> resolution procedure (to which registrants must contractually adhere
> to obtain a domain name) it is essential that the party disputing a
> prior registration have a registered trademark, registered by some
> national authority (which is why in the Roadrunner case one of the
> parties went off to Morocco, where they apparently issue registrations
> very fast, to obtain a registration and therefore obtain standing to
> invoke the dispute procedure).

  Kelsey has a remedy in federal court. He cannot get a trademark on his own name, IMO, under the doctrine that the mark would be primarilly a surname, and thus not registrable. The hijacker might be able to convince Internic, or NSI, to let them keep the domain name, with a foreign trademark (they could not get a US trademark registered without Mr. Grammer's permission). I believe that it is in Morocco where you can fill out a form, pay money, and instantly get a trademark, with effectively no examination other than to insure that exact mark is not already taken.

   There is a line of cases, beginning with the "Here's Johnny" case (for a toilet, opposed by Johnny Carson) that addresses the rights of people to the use of their own name, and which punishes those who cash in. IMO, the hijackers have done exactly that... and an attorney in IP should be able to help Kelsey get his domain name, or make it intollerably painful for the hijhackers if they keep it.

-- 
Thomas E. Workman Jr.
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