Re: protecting a domain name

On 3/22/99, Kerry L. Konrad <k_konrad[_at_]stblaw.com> wrote:
>
> Regarding TM registration of a second-level domain name, isn't there
> some question whether the PTO will accept the use as qualifying? I
> know that there were some problems with it at one time, if the name
> wasn't the same as the non-Internet trade name or if all you were
> trying to register was the same name plus ".com." The contention
> was that the domain name was an address for communications, not an
> identifier of the source of goods or services. Maybe others have had
> more recent, favorable experiences.

I would hope that others have NOT had more favorable experiences. Use of a domain name, in and of itself, shouldn't, as a matter of policy, give rise to trademark rights in the part of the name preceding the ".com" or ".net".

If it did, nobody would be on fair notice of what domain names others did and did not consider to be usages as trademarks, as opposed to mere addresses.

-Ari

Ari Kahan
<akahan[_at_]netcom.com>