domain/trademark dispute
Ethan Anderson (toad@insync.net)
Sat, 16 Jan 1999 15:49:37 -0600
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Trademark registration is not a valid reason to limit domain registration
on the internet. Allowing trademark registration to override the
first-come-first-serve nature of domain registration will have several
limiting effects on domain name registration that are not necessarily in
the best interest of the world internet community.
Instances of individuals who register domain names simply to sell them to
the company that owns the trademark for that name are akin to extortion.
But if the individual (or even organization) that registers a domain simply
wishes to place a non-related or even related but non-damaging website at
that address, there is no reason for the trademark owner to become involved.
The practice of suing domain registrants simply becasue their domain is
similar or the same as a registered trademark will severely hinder
everyone's freedom to choose whatever domain they please. Domain names used
for defamation or dmaging purposes is obviously wrong. Domain registration
for the sole purpose of selling the domain name to the trademark holder is
also wrong. but if an individual or company simply wishes to put a website
at that address that causes no harm to the trademark holder, there should
be no reason for any legal action. if a trademark holder is that concerned
about their trademark that they so meticulously registered, perhaps they
should register the domain name as well. Once someone else has that domain
name, they should be required to pay fair market value for the name, not
just registration fees incurred by the current owner. There should be some
incentive for the current owner to forfeit the domain that they rightfully
registered.
Trademark registration does not equal domain registration.
Ethan Anderson
Houston, TX
toad@insync.net
Ethan Anderson
Insync Internet Services
713.407.7000 ext.142
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