Branding, domain names et al.
Sat, 24 Oct 1998 15:44:13 +1000
Further to this topic.
Title: CYBER-DILUTION: PROTECTING DOMAIN NAMES UNDER...
Resource type: Journal article
Date: May 1998
Source: Cyberspace Law Journal
Author: Shawna R. Hilleary
Keywords: CYBERDILUTION ,TRADEMARK ,DOMAIN NAME
... THE FEDERAL DILUTION ACT OF 1995
I. Introduction to the issues
A. Commercial Advantage of using a trademark as a domain name
B. The Trademark is Already Registered as a Domain Name
C. Relief Under Trademark Law
D. The Federal Dilution Act
E. The Focus of This Note
II. The internet and the Domain name system
A. The Structure of the Internet
B. Assigning domain names
1. The Agency and the Method
2. The Benefits of Using a Trademark as a Second Level
C. Simple Registration
I. Traditional trademark law
A. What is a trademark?
B. Who is entitled to Trademark Protection?
C. Distinctiveness Requirement
I. Protecting Trademarks under the Federal Dilution Act
B. How much fame is required under Federal Dilution Act?
1. General definition and requirements
2. Congress's Suggestions for Determining Fame
3. Judicial Interpretation of the Federal Dilution Act
A. What Constitutes "Commercial Use in Commerce"?
1. Commercial Use
2. In Commerce
B. What is Dilution and how is it shown?
III. Who's Crying "Cyber-Dilution?"
A. Domain names on hold or released to the trademark owner
B. Domain name holders still holding on to their domain name
C. IS there a solution?
God help us, ma'am! Do you see what we saw?
We saw that we'd been given a law to live by, a moral law, they
called it, which punished those who observed it-- for observing it.
The more you tried to live up to it, the more you suffered; the more
you cheated it, the bigger reward you got.
Your honesty was like a tool left at the mercy of the next man's
dishonesty. The honest ones paid, the dishonest collected.
The honest lost, the dishonest won.
How long could men stay good under this sort of a law of goodness?
-- Ayn Rand