Domain names and trademarks revisited. (fwd)

[Michael Dillon <michael@memra.com>]

---------- Forwarded message ----------
Date: Sat, 8 May 1999 22:23:31 -0400 (EDT)
From: Golan Klinger <falco@vex.net>
To: INET-ACCESS
Subject: Domain names and trademarks revisited.

	We've discussed this issue (earth.com, pokey.org, etc.) many times
before but I wondering what the final word is. The situation is that there
is a domain name (what the hell, rainbow.net) belonging to an associate of
mine and a company in Michigan has a trademark on the word "Rainbow" and
has used this to get NSI to put the domain on hold. As yet, no lawsuits
have been filed. (Interesting notes: They aren't going after rainbow.com,
they're picking on the little guy and Rainbow Technologies (the holders of
rainbow.com) were turned down for a trademark on the word rainbow as it is
too generic.)

	What can be done? Can anyone suggest a lawyer that has dealt with
this specific issue before? What about the cost of fighting off this silly
abuse of a genric trademark (that should never have been issued IMO)? Is
it a matter of having to spend the money to defend it and that's that or
can one go after the company that initiated the action (I'm thinking about
damages to cover costs)? I need to know anything and everything you've got
on this. 

	Please respond to me privately at the email address below (also
feel free to email me if you have any questions about this matter, I kept
this short to spare those that aren't interested). I'll summarize what I
find and post that to the list. 

	Thanks.

Golan Klinger [falco@vex.net]     For long you live and high you fly
                                  And smiles you'll give and tears you'll cry
Good, fast or cheap.              And all you touch and all you see
Pick two...                       Is all your life will ever be

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