Re: [DNS] Very Concerned RE Trademark and IP issues with 'Generic Auctions'

Re: [DNS] Very Concerned RE Trademark and IP issues with 'Generic Auctions'

From: Paul Foxworthy <paul§cohsoft.com.au>
Date: Fri, 05 Jul 2002 11:08:51 +1000
At 01:44 AM 04/07/2002 +1000, Phil Wright wrote:

>It is within my knowledge that they are conducting one or more auctions not
>withstanding knowledge of third party interests in such Common Law Mark,
>Trademark and other rights and this seems to have not given rise to
>notification of such advice being issued to bidders. Why is auDA not passing
>this, perhaps pertinent, information on to bidders??

Surely most generic words are unlikely to be (or to become in future) 
trademarks for anyone? IANAPA (... Patent Attorney), but isn't it true that 
you can't trademark a common word? Wouldn't the courts would be likely to 
apply similar principles to any claim of violating a claimed common law mark?

In other words, the warnings you envisage are *less* necessary for generic 
names compared to domain names in general. The standard terms and 
conditions should suffice.

Cheers

Paul Foxworthy


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Received on Fri Oct 03 2003 - 00:00:00 UTC

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