Re: what's in a (domain) name?

Just finished reading The GigaLaw Guide to Internet Law (Doung Isenberg) 
and he addresses this issue in detail.  This is an evolving area of law, 
but the criteria as I understand it (I am not a lawyer) are:

- the strength of the trademark
- the similarities of the parties' services
- the similarity of the trademark to the domain name
- evidence of actual confusion
- the degree of care likely ot be exercised by consumers
- the domain name registrant's intent on choosing the domain name

www.gigalaw.com has more details.

Norman Bunn
www.CraftedSolutions.com
803-405-1008

At 10:13 PM 4/16/2003, Mike Taylor wrote:
>Not to scare you, but there's always the potential for problems with sites
>that contain the names of big corporations or celebrities.
>
>Case in point:  the infamous Don Henley dispute.
>
>Check out the details here:
>
>http://www.don-henley.com/domain/dispute.htm
>
>
>----- Original Message -----
>From: "cbirds" <cbirds(at)earthlink.net>
>Cc: <hwg-techniques(at)hwg.org>
>Sent: Wednesday, April 16, 2003 12:14 AM
>Subject: Re: what's in a (domain) name?
>
>
> > This must be the week for having a problem choosing domain names.
> > What would you do with a customer, such as the one I got this week, who
> > wants to get name recognition on the web for her photography, but who is
> > lucky or unlucky to be named MADONNA? Yes that is her real first name.
> > And she is not young, so she was around before THE Madonna became famous.
> >
> > its-a-dilemma.com to be sure!
> >

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