Re: WMUR registers WNDS domain names

["'A. Joseph Ross'" <lawyer@world.std.com>]

On Mon, 5 Oct 1998, Bill O'Neill wrote:

> WOW.  This drastically slashes my impressions of WMUR.  Sleazy, sleazy,
> sleazy.  What next, burning Uncle Gus in effigy during Weather With Al?   Is
> there _anything_ a biz can do in a situation like this?  This is obviously
> 'legal' but a blatant attempt to damage, right?  Bill O'Neill
 
They can register their calls as a trade mark or service mark.  I'm not
sure how much is involved in Federal registration, but last I looked at
the InterNic website, they will honor a federally-registered trade mark
and will cancel a domain registration to someone other than the trade mark
holder. 

The other way to do it is to sue WMUR, but that is probably a more
expensive and uncertain remedy.  Not by law, but by InterNic policy, a
federally registered trade mark or service mark will protect against this
sort of thing happening. 

Now, before someone asks, the difference between a trade mark and a
service mark is simply that a trade mark is used on goods offered for
sale, and a service mark is used for services.  There's also such a thing
as state registration.  In Massachusetts it costs $50 and is good for 10
years.  But the InterNic doesn't honor state trade mark registration.

This is in some state of flux, since there are changes in the works in the
domain registration system.  But last I heard, that's what's being done.

===========================================================================
 A. Joseph Ross, J.D.                                         617.367.0468
 15 Court Square                                      lawyer@world.std.com
 Boston, MA 02108-2503                       http://world.std.com/~lawyer/
===========================================================================

------------------------------