what problem are we solving? (was Re: ICANN opens up Pandora's Box of new TLDs)

Jay R. Ashworth jra at baylink.com
Tue Jul 1 08:45:39 CDT 2008


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On Mon, Jun 30, 2008 at 05:34:53PM -0400, Jerry B. Altzman wrote:
> There was a HUGE one about that domain name between Nissan Motors and 
> some computer consultant named Nissan (a Hebrew name) in NC.
> vis http://www.nissan.com/Lawsuit/The_Story.php
> I don't know exactly how to quote the ruling and decision. Nissan Motor 
> Co. Ltd v. Nissan Computer Corp

Yeah, I vaguely remembered it after you mentioned it.

A quick look at the website would imply that he won, which rather makes
my point, no?  :-)  The September ruling speaks directly to my
assertion that the mere existence of a mark in a domain name doesn't
constitute infringement.

The methods by which you can infringe a trademark are pretty
bright-line...

Cheers,
-- jra
-- 
Jay R. Ashworth                   Baylink                      jra at baylink.com
Designer                     The Things I Think                       RFC 2100
Ashworth & Associates     http://baylink.pitas.com                     '87 e24
St Petersburg FL USA      http://photo.imageinc.us             +1 727 647 1274

	     Those who cast the vote decide nothing.
	     Those who count the vote decide everything.
	       -- (Joseph Stalin)




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