Re: Network Solutions changes contract

Hi members,

In response to Scott:

>This is patently ;) misleading. Trademarks have to be specifically
>sought, registered, aquired and then protected by the owner(s), though
>the process need not start out (or indeed ever end) with registering it.
>It's a an issue of "use" and declaring intent.

I was just trying to point out that if you use the trademarked phrase in
commerce, it is an internationally accepted convention that you had "first
use" and your claim in a case of dispute would be stronger than a company
that went out to register the mark after you had used it.

Using my previous example, if I carry on business as krazeekipper.com and my
company is known as krazee kipper, I have first use in a commercial setting.

There is a need to protect your mark(s); Microsoft (r) and "Where do you
want to go today?(tm)" are good examples.  For a small business, your
company name has been researched at least in your province or state so you
don't conflict with another in your sector.  Trademarking the company name,
or a product is a good step, especially if you will cater to a worldwide
audience.

In the case of NSI, my only argument is that they themselves will not judge
the dispute, only a court of law can decide who gets what name, if it is
infringing on trademark territory.  Their claims to be "leasing" you the use
of your own mark on the net is in murky territory.

David Godfrey
Developer/Net Decorator
PG Music Inc.

HTML: hwg-business mailing list archives, maintained by Webmasters @ IWA