At 04:50 PM 1/22/99 -0500, you wrote:
>>
>>p.p.s. Referring to the fact that PSEUDO is a common word, as far as
>>trademark law is concerned (distinguishing it from NSI law), there is
>>nothing that makes a common word inherently incapable of functioning as a
>>trademark, as TIME, TIDE, DIAL, APPLE, SUN, DELL, ORACLE, FORD, LIFE, FOX,
>>SPRINT, VISA and TIMBERLAND illustrate.
>
>Yet that word cannot be ENFORCED as a trademark against someone who is
>using it in a completely different context in an Internet domain name.
>
It is not necessary that the word be "ENFORCED" in order to create havoc.
The following
was filed by me in the U. S. District Court (Oregon) on Sept. 9, 1997.
>
"[t]he existence of this spate of cases derives not so much from legal
principles as it
does from the policy of Network Solutions, Inc. (�NSI�), OPPOSITION Exhibit
D, which
forces its domain name holders, upon complaint from a registered trademark
owner,
either to abandon their domain names or expend substantial sums of money
that many
of them do not have in defending their registrations, with only a copy of
the trademark
registration and the word of the trademark owner being required as to
whether or not
the domain name actually infringes the trademark."
And we're not talking peanuts here, but six figures and, as you can see
from the dates
a whole lot of time.
That case we won and is now on appeal -- see http://cerebalaw.com/intnet.htm.
The case is now on appeal in the 9th Circuit as previously noted.
Illegitimas noncarborundum.
Bill Lovell
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