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From: <owner-online-ads_at_o-a.com>
Date: Tue, 24 Aug 1999 21:47:30 -0500 (CDT)

From: Bruce Woodward <BGW_at_Cyberstore.NET>
Subject: Re: ONLINE-ADS>> domain name speculation

NARI KANNAN WROTE:
> To my limited neural capabilities, this issue seems very
> easy. If a name is trademarked already you cannot use it...
> I can understand generic words like drugs.com being valuable
> to someone.But already Trademarked names should be protected
> on the Web just as they are protected in the non-Web world
> if the Web wants to grow up and join the rest of commerce.

Actually, trademarks are not so clearly protected under the
law as the benefits accrued by domain name ownership.

We own the trademark Cyberstore and the domain name with
.com, .net, and .ca extensions. Recently we made a
decision to sell the package, and started by researching
existing infringements and sought opinions regarding the
value of the mark and the nature of appropriate action.

It appears that ownership of the domain name is the
strongest portion of the asset. We have a reasonable chance
to recover the plurals of these domains in use in the US.
Beyond that, mark enforcement in the courts becomes a very
expensive business undertaking. Ownership of the domain
names is clear and indisputable, and DNS does the
enforcement. Trademarks must be enforced through ongoing,
focused effort. With all due respect to lawyers, existing
trademark laws appear to benefit only the legal profession.

As strong as the name itself is, if trademark protection was
as straightforward as DNS, this would be an extremely
valuable property instead of merely valuable. To put
numbers on this, probably $25 million instead of half a
million dollars.

Just more fuel for the fire...

-----------------------------------------------
Bruce Woodward, President BGW_at_Whistler.NET
Whistler Networks Inc. http://www.whistler.net
(604) 932 0606 ext. 11 or (604) 986 7273

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Received on Wed Aug 25 1999 - 02:44:31 CDT


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