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AT LARGE Q&A TOPICS
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Topic:
TLD's Domain Names, Branding and Right To Artistic Expression (hypothetical again)
Date: 2000-10-04 17:15:36
Author: BJ Van Raalte <bjscout@mindspring.com>
Question:
www.4ID.ext; imagine: www.post-it2.store(example only). Registrant claims *literal* expression: post it to dot store. Sticky product owner(post-it2.com) contests explanation - including dormant status of future ID for data storage application. Q.> What (if any)is desireable action by ICANN?
Nominee Replies
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Lawrence Lessig
- posted on 2000-10-07 06:48:41
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Desirable action? To leave the name
space open for creative solutions like
yours.
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Barbara Simons
- posted on 2000-10-05 13:50:43
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In general, ICANN should not be making trademark law. In particular, ICANN should not be reserving domain names for future use by some trademark owner. If I have a domain name and I am not using it for commerce or my commercial activities are different from those of some owner of a trademark with the same name, then I have every right to use that domain name. Possible future use by a trademark owner should be entirely irrelevant.
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Emerson Tiller, J.D., Ph.D.
- posted on 2000-10-04 19:36:54
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Post-it may try to invoke UDRP (domain name dispute resolution policy). But if your use of post-it2.store is not to sell competing product, then I think the UDRP should be on your side. Your use would be legitimate under the UDRP, in my opinion.
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