Re: [idn] what are the IDN identifiers?

["Michael Froomkin - U.Miami School of Law" <froomkin@law.miami.edu>]

Can I take it then that it's agreed that enforcing conformity to someone's
idea of what the trademark law in some places is or should be is not a
constraint that will enter into the WG's output?

I'd certainly agree with that, as I don't think an IETF standard is the
place to legislate.  

On Thu, 6 Dec 2001, Rick H Wesson wrote:

> 
> all:
> 
> This realy isn't the list to discuss policy, and especially US TradeMark
> law.
> 
> please take this thread to a more appropiate forum.
> 
> thanks,
> 
> -rick
> 
> On Thu, 6 Dec 2001, tedd wrote:
> 
> > Professor Froomkin:
> >
> > >  > > In the US, we have an anti-cybersquatting law where I can't register
> > >  > > EXXON.com because of the Trademark owned by EXXON.
> > >
> > >This is a slight over-simplification of US law.  You may be able to
> > >register exxon.com quite legally for certain purposes, including parody,
> > >and especially non-commercial purposes (e.g. an environmental group that
> > >wished to complain about something Exxon was doing).
> >
> > Now, I am not questioning a law professor about a question of law,
> > but what I said, while being simplistic, was nonetheless true. The
> > following is my understanding and why I used EXXON, a "famous
> > trademark" (see ACPA below), as an example. Perhaps others may
> > benefit from the point clarification.
> >
> > Also, as per my understanding, one cannot register the domain name of
> > "exxon.com" for it is already registered. -- even for other purposes
> > (i.e., non-commercial purposes, environmental, or whatever) because
> > ta specific domain name can not be registered twice. Certainly, other
> > domain names containing "exxon" have been registered, such as
> > "exxonsucks.com" and it has even been made into a "critical of Exxon"
> > web site. However, this was done before the ACPA was signed. I do not
> > know how this type of "infringement" registration would shake out now.
> >
> > However, I do strongly believe that if someone registered
> > "exxon*.com" (where the * was the registered trademark symbol -- code
> > point 00A3), they could be in trouble under the ACPA trying to sell
> > it to Exxon or use it for their own purposes. Do you agree?
> >
> > --- ACPA
> >
> > On November 29, 1999, President Clinton signed into law the
> > "Anticybersquatting Consumer Protection Act" (ACPA). This law adds
> > section 43(d) to the U.S. Trademark Act of 1946 and creates a cause
> > of action for "cybersquatting" on famous trademarks. The ACPA also
> > creates a federal cause of action for cybersquatting on a person's
> > name without his or her permission.
> >
> > Under the ACPA, a person may face civil liability to the owner of a
> > trademark (or a personal name) if such person:
> > (i) has a bad faith intent to profit from a mark; and
> > (ii) registers, trafficks in, or uses a domain name that:
> > (a) is identical or confusingly similar to a distinctive trademark;
> > (b) is identical, confusingly similar to or dilutive of a famous trademark; or
> > (c) infringes a specially-granted trademark such as "U.S. OLYMPICS"
> > or "AMERICAN RED CROSS."
> >
> > A "distinctive trademark" is any trademark that has been registered
> > with the U.S. Patent and Trademark Office or which has been used with
> > goods and/or services for sufficient time that it has acquired
> > "secondary meaning" among consumers.
> >
> > A "famous trademark" is one that a court says is famous. There are
> > numerous factors that are considered, including the duration and
> > extent of use, extent of advertising, degree of public recognition,
> > and whether the mark was registered with the U.S. Patent and
> > Trademark Office. In practice, a "famous trademark" is one that most
> > people have heard of, on a regular basis, for many years (i.e. Kodak,
> > Microsoft, Exxon).
> >
> > Now, I'm back to lurking as well.
> >
> > tedd
> >
> > --
> > http://sperling.com
> >
> 
> 

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