[IFWP] TM v. DNS

1999-02-11 Thread Anonymous
Roeland forwarded someone's analysis regarding confusing similarity of marks (Roeland, can you please identify who this was?) The one issue that I take with the analysis is that it looks simply to the name itself, and not the use to which the name is put. As the Seventh Circuit explained in N

Re: TM v. DNS?

1999-02-10 Thread Martin B. Schwimmer
> >Any rules which automatically require a user to ceritify they will not use this >name to violate a trademark is a violation of their fundamental rights. That would be the fundamental right to violate other people's rights?

Re: TM v. DNS?

1999-02-10 Thread William X. Walsh
On 10-Feb-99 Martin B. Schwimmer wrote: > > > >Any rules which automatically require a user to ceritify they will not use > this > >name to violate a trademark is a violation of their fundamental rights. > > That would be the fundamental right to violate other people's rights? No, a fundamen

Re: TM v. DNS?

1999-02-10 Thread Mikki Barry
>> >>Any rules which automatically require a user to ceritify they will not use >this >>name to violate a trademark is a violation of their fundamental rights. > >That would be the fundamental right to violate other people's rights? How can use of a character string that someone else just happene

Re: TM v. DNS?

1999-02-10 Thread Martin B. Schwimmer
Write a post asking for working together to harmonize, and they reply with "drop dead." I wrote: >>The conflict can be ameliorated at least through through various tweakings >>of both the DNS and the TM system (and in the behavior of DN and TM >>owners). > Mr. Feld replied: >Again, this is ba

Re: TM v. DNS?

1999-02-10 Thread William X. Walsh
On 10-Feb-99 Martin B. Schwimmer wrote: > Write a post asking for working together to harmonize, and they reply with > "drop dead." > If there were several thousand instances in three years of TM owners > complaining to phone companies regarding trademark conflicts as to how > 1-800 numbers

Re: TM v. DNS?

1999-02-10 Thread Bill Lovell
At 08:44 PM 2/9/99 -0500, you wrote: >>> >>>Any rules which automatically require a user to ceritify they will not use >>this >>>name to violate a trademark is a violation of their fundamental rights. >> >>That would be the fundamental right to violate other people's rights? > >How can use of a ch

Re: TM v. DNS?

1999-02-10 Thread Bill Lovell
At 04:55 PM 2/9/99 -0800, you wrote: > >On 10-Feb-99 Martin B. Schwimmer wrote: >> Write a post asking for working together to harmonize, and they reply with >> "drop dead." >> If there were several thousand instances in three years of TM owners >> complaining to phone companies regarding trad

TM v. DNS?

1999-02-09 Thread Harold Feld
Martin Schwimmer wrote: >When "TM Interests" "equate" DNs and TMs (I use quotes to indicate I don't >endorse that phrasing) I don't believe that, if they thought about it, they >would disagree that the DNS system and the TM system are different systems >with different purposes. >Nevertheless,