Arbitrary "Theft" of Web names

["Michael L. Dean, CEO" <mdean@sourceview.com>]

The recent misappropriation of a web name under the trademark violation ruse highlights one of the major weaknesses of the existing administration of webnames.(URLS). 

 

My organization is of course in favor of companies with Federally or internationally registered trademarks being able to maintain and capture thatexact service or trademark as a URL, but only if it began that process first.  If someone else had a legitimate business or organization under a similar or identical registered trademark, or had prior use in the common law, and there was contention, the newcome to the net, in this case AOL, should be required to pay market value for the site or find another name. 

 

In the AOL case, the URL was not the registered trademark, so the unilateral and arbitrary decision of Internic to change ownership was inappropriate, highanded, and illegal.  They should not have the power to do this type of change until directed to do so by a Federal District Court, that being the court with jurisdiction in trademark issues.

 

Michael Dean, Editor

SourceView Press