[12327] in Commercialization & Privatization of the Internet
TradeMark domains (was Re: Name Reg. Time for Policy Change)
daemon@ATHENA.MIT.EDU (Bruce Gingery)
Mon May 16 06:11:26 1994
Date: Sun, 15 May 1994 23:46:59 -0600 (MDT)
From: Bruce Gingery <lcbginge@antelope.wcc.edu>
To: Russell Nelson <nelson@crynwr.com>
Cc: bzs@world.std.com, nettech@crl.com, bruce@phantom.com, com-priv@psi.com
In-Reply-To: <m0q2m4U-000I7iC@crynwr>
Note: this is NOT a legal opinion. If anyone with sufficient background
in trademark law wishes to nay say me, please do so.
It has been my understanding that trademarks, even registered trademarks,
of a textual, rather than stylistic graphical nature depend on variation
of type of activity.
Thus if you wish to produce a "Pepsi" bolt, or a "General Motoros"
orange, you can, in fact, do so. Since the Internet domains clearly will
be bridging these trade-type gaps, whoever first registers "pepsi.com", or
even "cocacola.com" may just be entitled to it as first use in a trade area.
Representing it as being connected to the better known use of the name,
however, would surely be fraudulent.
In the case of MTV.com -- I do not know if digital communications and
broadcasting are considered so closely related that the use WOULD be
considered infringement, but it appears that if the name was used on the
Internet without permission -- then that choice was defacto approved by
broadcasting it on the popular broadcast network -- now there is a
reversal... there must be AT LEAST as good of a case for the establisher
of "mtv.com" as for "MTV".
On the other hand, we all know that justice is bought by whoever has
the most pictures of dead presidents on hand, and is willing to pass them
along to whoever can better pursuade the blind justice court. Kind of
lends a whole different meaning to "blind justice".
Think -- which is better -- the three monkies, or the lady with the pan
balance?
Bruce Gingery Cheyenne, WY
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