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Re: [IFWP] Ninth Circuit: Mere Registration of DN doesn't create TM rights

martin and all,

  Martin, thank you for pointing this out.  In this particular instance, should
anyone read this article and the Judges ruling, it was indeed a proper
ruling given the circumstances involved.  It also points up my earlier
contention as this type of s situation may apply to TLD's that are trademarked
as well, which we have applied for in the US and other countries.

Martin B. Schwimmer wrote:

> Ninth Circuit Rules on Net Trademarks
> Registering domain name doesn't establish priority
> By Brenda Sandburg
> The Recorder/Cal Law
> Friday, April 23, 1999
> ----------------------------------------------------------------------------
> ----
> Acquiring a domain name registration does not give someone priority in
> obtaining a trademark on the name, the Ninth Circuit U.S. Court of Appeals
> ruled Thursday.
> Use of the DN as a TM is required to obtain protectable TM rights.
> www.lawnewsnetwork.com/practice/techlaw/news/apr/e042399a.html


Jeffrey A. Williams
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail jwkckid1@ix.netcom.com
Contact Number:  972-447-1894
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208