At 05:43 PM 7/19/99 +0100, you wrote:
>Gene and all,
>
> Of course you are correct. However I was eluding to the fact that
>CORE "Could" make this claim given the circumstances in order
>to strengthen their position, and cast a shadow over IOD and their
>claim to .WEB from a legitimate "Use" position.
>
> It should also be noted that I did not see a TM filing listed on .WEB by
>IOD, though there very well may be one. However there is one pending
>from a CORE member with the USPTO.
>
If the USPTO is true to form, their due diligence will uncover prior use as
a "service mark", therefore rendering the CORE application null and void.
>Gene Marsh wrote:
>
>> Abandonement, in legal terms, has specific meaning. Intellectual property
>> typically must be unused (and unmarketed) for a period of 2 years or more
>> to even be considered abandoned.
>>
>> This should not be an issue at all for IOD.
>>
>> Gene...
>>
>> At 02:03 PM 7/19/99 +0100, you wrote:
>> >Gordon and all,
>> >
>> > The one big problem that IDO has here is that their Registry is
>> >currently not in operation at this time, and hence could be grounds
>> >for CORE claiming that IOD has abandon their (TM? - SM) on
>> >.WEB.
>> >
>> >Gordon Cook wrote:
>> >
>> >> For release Monday, 19 July, 1999
>> >>
>> >> San Luis Obispo, California
>> >>
>> >> Lawyers for Image Online Design, Inc., owner of the .WEB Internet
Domain
>> >> Registry, today sent letters to the Council of Registrars (CORE) and
>> >> Name-Space, requesting that they cease all use of Image Online Design's
>> .WEB
>> >> trademark. "Image Online Design owns valuable trademark rights in
.WEB, and
>> >> we have invested substantial time, effort and money developing our
registry
>> >> business in connection with the .WEB mark," said CEO John Frangie.
Image
>> >> Online Design uses the service mark .WEB to identify its Internet domain
>> >> name registry and registrar services. "Image Online Design wants to make
>> >> sure there is no confusion over who owns the .WEB registry and the
>> rights to
>> >> the trademark," added Frangie.
>> >>
>> >> Image Online Design began operating its .WEB registry in July,
1996, and
>> >> has continuously offered registry and registrar services for its clients
>> >> throughout the United States and around the world. "At the beginning,"
>> >> noted Frangie, "it was expected that new registries would be added to
>> IANA's
>> >> root servers by October of 1996; that was IANA chief, Jon Postel's
original
>> >> plan." The .WEB registry has always been fully operational and many
>> >> Internet users enjoy unfettered access to Internet names in Images
Online
>> >> Design's .WEB registry. The addition would allow the rest of the
>> Internet's
>> >> users access to those names in the .WEB registry. Despite hang ups with
>> the
>> >> addition new top-level domains to the root servers, now operated by
Network
>> >> Solutions under a U.S. Government contract, Image Online Design has
>> >> continued its .WEB registry services while actively participating in the
>> >> debate to add new registries.
>> >>
>> >> The letters simply ask that CORE and Name-Space cease their use of
our
>> >> trademark. "We're looking forward to competing with both CORE and
>> >> Name-Space," said Frangie, "but their use of .WEB clearly infringes upon
>> our
>> >> rights, and confuses consumers. I'm sure that this will be worked out
>> >> quickly and amicably."
>> >>
>> >> "Trademark protection is an important issue surrounding the Internet
>> >> today," said Wes Monroe, attorney for Image Online Design. Monroe also
>> >> explained, "Courts have consistently held that traditional trademark
>> >> protection extends to the Internet's domain name system, and registry
and
>> >> registrar services are no exception. CORE, by filing applications for
>> >> federal trademark registration for six marks, including .WEB, has
indicated
>> >> that it believes that trademark rights apply to domain registry and
>> >> registrar services."
>> >>
>> >> About Image Online Design
>> >>
>> >> Image Online Design, Inc., of San Luis Obispo, California,
operates the
>> >> .WEB Internet domain registry. More information about the company and
its
>> >> .WEB registry can be found at its corporate web site,
http://webtld.com or
>> >> http://nic.web.
>> >>
>> >> #######
>> >> ****************************************************************
>> >> The COOK Report on Internet Index to seven years of the COOK
>> Report
>> >> 431 Greenway Ave, Ewing, NJ 08618 USA http://cookreport.com
>> >> (609) 882-2572 (phone & fax) The only Good ICANN is a Dead
ICANN
>> >> [EMAIL PROTECTED] What's Behind ICANN and How it
Will
>> >> Impact the Future of the Internet
http://cookreport.com/icannregulate.shtml
>> >> ****************************************************************
>> >
>> >Regards,
>> >
>> >--
>> >Jeffrey A. Williams
>> >Spokesman INEGroup (Over 95k members strong!)
>> >CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
>> >Information Network Eng. Group. INEG. INC.
>> >E-Mail [EMAIL PROTECTED]
>> >Contact Number: 972-447-1894
>> >Address: 5 East Kirkwood Blvd. Grapevine Texas 75208
>> >
>> >
>> >
>> >
>> ++++++++++
>> Gene Marsh
>> president, anycastNET Incorporated
>> 330-699-8106
>
>Regards,
>
>--
>Jeffrey A. Williams
>Spokesman INEGroup (Over 95k members strong!)
>CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
>Information Network Eng. Group. INEG. INC.
>E-Mail [EMAIL PROTECTED]
>Contact Number: 972-447-1894
>Address: 5 East Kirkwood Blvd. Grapevine Texas 75208
>
>
>
>
++++++++++
Gene Marsh
president, anycastNET Incorporated
330-699-8106
