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Re: Re: Re: Re: Re: Re: Re: Re: Trademark on Website names[ Follow Ups ] [ Post Followup ] [ Trademark Forum ] [ FAQ ] Posted by Derek on January 30, 2001 at 07:28:05: In Reply to: Re: Re: Re: Re: Re: Re: Re: Trademark on Website names posted by M. Arthur Auslander on January 27, 2001 at 08:47:23: : : : : : : : : Hypo-Situation : : : : : : : : Company A owns a serivcemark on a name and actively promotes this within their store and on their websites under .com : : : : : : : : Company B registers the same website under .net and operates a service business under the same name a parameters. : : : : : : : : Company B is clearly in violation of the registered servicemark. However, what happens to the .net URL? Does company A have a right to aquire or take control over it? : : : : : : : : Thank you : : : : : : : Dear Jack, : : : : : : : If it were that cut and dried there would be no lawyers. : : : : : : : There are lots of little in facts that have to be considered, beside the Reality of cost. : : : : : : : M. Arthur Auslander : : : : : : : : : : : Any advice is greatly appreciated and thank you for providing this service. : : : : : : Jack D : : : : : Dear Jack, : : : : : I don't mind give helpful advice, free in this forum, but I'll damned, if I'm going to do reseach to answer questions. What is more cybersquating is a wild west show. : : : : : M. Arthur Auslander : : : : : : : Please do not take such a defense to this question. I am not asking for a pro-bono lawyer nor for you to research in countless hours of time. : : : : I am asking your professional (yes, I realize you are a professional and time is money) opinion on what you know about cyber-laws. I understand that this is a crazy 'can-o-worms' that has been opened or Wild-West Show. : : : : However, the question that is going to be asked time-and-timne again is the same. If the general public and Joe-Store-Owner (or web-site owner) does not know or understand where his/her trademark rights fall, then what is one to do? : : : : Is it, in your opinion, worth hiring your services or the services of an IP Lawyer to check in to such a cause? Or, should one just sit and watch the Wild-West Showdown? : : : : Jack : : : : P.S. The Doctor metephore you use reminds me of the story my gradmother use to tell about a train mechanic. A steam locomotive breaks down, the workers do not know how to fix it, so a repairman is called in to fix the contraption. : : : : After a careful look, the repairman removes a wooden mallet from his tool box and hits the steam engine once on the broiler, the train immediately starts working. : : : : The repairman then hands the owner a bill for $500 (big money in those days). The owner has a fit! "$500 for that!" the man yells, "You hardly did a thing!". : : : : The repaiman says, "It is not what I do, it is what I know." : : : Dear Jack, : : : Thanks for the story. : : : The trouble with the hypo is that the facts need to be much more detailed in order to be able to be dealt with. : : : M. Arthur Auslander : : : : Is there a place on the net that clearly states in plain language our rights under our servicemark? If the business will not respond, I assume the next step is to employ the services of an IP lawyer or is there something else I can do? : : Thanks : Dear Derek, : ICANN may be the source you are looking for. You ought to be able to get information through Network Solutions. : From what you say the position looks strong if all the underlying fact match up to the law and proceedure. : M. Arthur Auslander Thank you! This was just the info I was looking for to better understand our situation and where we go from here.
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