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Re: Anti-cybersquatting Consumer Protection Act

John and all,

John B. Reynolds wrote:

> Martin B. Schwimmer wrote:
> > (3) the identifier is not the defendant's legal first name or surname or
> > the defendant had not used the identifier in legitimate commerce before
> the
> > earlier of either the first use of the registered trademark or the
> > effective date of its registration.
> >
> So, in order to avoid a fine for registering one's own name, one would have
> to have "used the identifier in legitimate commerce" prior to its
> registration.  This would effectively outlaw non-commercial personal domain
> names.

  I don't agree.  First, the bill does not specifically exclude the use of
personal non-commercial domain names such as those used by
US Senators and Congressmen.  I significantly doubt that the
senate in particular would vote for such a bill if that was it's intent
or otherwise potential effect.  Second, non-commercial domain names
are already in use now, to exclude them with such a meaning for this
bill, is not reasonable, and would not stand up in court.  The Judiciary
committee will see this clearly, I am sure....


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