[IDNO:369] Re: Domain name disputes victims selfhelp group.

Mikki Barry (ooblick@netpolicy.com)
Tue, 15 Jun 1999 09:30:36 -0400

Mark Weitzel has found what many of us have been fighting since 1995 and
the inception of the NSI dispute policy. Individuals and small business
interests are being stomped by trademark holders who feel that ANY use of a
character string resembling their trademark is criminal and must be
stopped. The WIPO policy memorializes this, and ICANN's wish to expand the
WIPO policies from "just" cybersquatting to include ALL commercial domain
name disputes is VERY telling of their motivations. Of course, I'm
assuming here that "commercial" means that one party is a commercial
entity. This would serve to bring the vast majority of domain name
disputes under the mandatory WIPO policy, which serves both larger business
interests AND WIPO.

The DNRC web site has a few tips on it for those fighting a US trademark
holder, including asking for re-examination of the trademark due to the
trademark holder's misuse of the mark. The law is clear. Registration
alone is NOT infringement. The lawyers who write the cease and desist
letters well know that. Use in a class that is not trademarked is ALSO not
infringement. The lawyers know that as well. In many cases, they are
deliberately attempting to expand trademark rights where they know they do
not apply. This, at least to me (and hopefully to the USPTO) is abuse of
the trademark.

Unfortunately, it costs $200.00 to bring a petition for re-examination.
However, I believe it is money well spent.

Mikki Barry
DNRC
http://www.domain-name.org

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