[12337] in Commercialization & Privatization of the Internet
Re: Name Reg. Time for Policy Change
daemon@ATHENA.MIT.EDU (Russell Nelson)
Mon May 16 11:29:25 1994
Date: Mon, 16 May 94 00:36 EDT
From: nelson@crynwr.com (Russell Nelson)
To: com-priv@psi.com
In-Reply-To: <199405152344.AA07935@world.std.com> (bzs@world.std.com)
[ Executive summary: The DNS is international in scope but must deal
with trademark laws that are merely national. Should US law take
precedence simply because the NIC is located in the US? -russ ]
Date: Sun, 15 May 1994 19:44:34 -0400
From: bzs@world.std.com (Barry Shein)
From: nelson@crynwr.com (Russell Nelson) [responding to me]
>I would say that the question is "Should US trademark law apply to the
>DNS just because the Internet is (now) largely a US thing and the NIC
>is in the US?"
Most countries have trademark laws. You can register your mark in
those countries, as a general rule.
Apple Records registers Apple as a trademark for music in the UK.
Apple Computers registers Apple as a trademark for computers in the
US. They want to register the trademark in the UK. Apple Records,
being first, says Ok, so long as you stay out of the music field.
Now, who gets apple.com? Apple Records or Apple Computers?
>We don't presume to apply US trademark law (e.g. where
>yellow pages is a generic term) to the UK (where Yellow Pages is a
>trademark).
I don't understand, did Curry do this in some country other than the
USA? Is MTV not a US mark?
I'm arguing the general case, not just mtv.com.
Or is your point that because the the media involved is international
that you believe that therefore US Trademark law (w/in the US), or
other nations' trademark laws as applicable, are somehow null and
void?
Well, yes. The DNS is essentially a newly-created country as far as
trademark law is concerned. This country (cyberspace) follows a
reasonable rule -- first come, first owned. But there is a problem.
Cyberspace trademark law is independent of any country's trademark
laws, yet it applies to every country's trademarks.
Perhaps there is no conflict with MTV.COM because they have the
trademark registered everywhere.
What has the NIC got to do with this? Try to use PEPSI.COM and you
will likely find yourself ceased+desisted and possibly sued under
trademark law.
What if I register yellow-pages.com? In the UK, it's a trademark.
How do I desist *in the UK* when the DNS must apply everywhere?
Sure, most of us can spot the problem with Russ Nelson registering
PEPSI.COM.
Okay, what if I go to a country where Pepsico hasn't registered the
trademark, and register pepsi.com from that country? It's not a
trademark *there*. I'm not in the US. My customers aren't in the US.
Why should I have to choose a different domain name just because Pepsi
is a trademark in a different country? Remember, the NIC doesn't
enforce trademark law. And how is Pepsico going to issue a
cease-and-desist order against me from a foreign country?
Trademark rights don't evaporate just because you express them into a
new or different medium.
No, it's the fact that the medium is international in scope but must
deal with laws that are merely national.
-russ <nelson@crynwr.com> ftp.msen.com:pub/vendor/crynwr/crynwr.wav
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