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Comment: Re:AAAND LO!!! (Score 1) 311

by Dave Zan (#34360770) Attached to: Facebook To Own the Word "Face"

you think you can put up a lot of pics of you and call it faceof me ? wait until someone trademarks it in that field. or yet, wait until some corp patents the blog concept. or word blog. or any technologies underlying it.

Let them try, then. There are checks and balances inspite of seeming things to the contrary.

One thing to remember is that common, dictionary words cannot be used as trademarks in what they're "commonly" or what their dictionary meaning know them for. But they can become such if used distinctively or outside their common or dictionary definitions.

Don't we all live in the real, tangible world where it's filled with products and services using common, dictionary words? Surely some of us load gas at Shell...wash our clothes with Tide...buy a Brothers printer...use Windows (well, some) in our laptops...eat at Pizza Hut...the list goes on and on, and many of us buy those products or services!

Unfortunately I'd agree all this furor seems to be over largely ignorance over how trademarks work. And that's inspite of some folks trying to "reasonably" explain how and why all this occurs.

Rather than be angry over something arguably trivial, why not take some time to learn how this works? Or I guess it just feels more convenient and better to complain while not the least bit interested?

Sheesh.

Comment: Re:I'm sick of this! (Score 1) 132

by Dave Zan (#22482252) Attached to: ICANN Finds No Wrong Doing in Domain Front Running

I'm going to assume you are running for office. You used many words to
say exactly nothing.


I'd like to run for office, but my wife won't let me. Whether people consider many words to
have some or no meaning is up to them to decide, although I'm trying to be realistic because
there have been real-world developments on this.


The anti-cyber-squatting act of 1996 allows domains to be stolen. If I
wanted your domain, I'd register a trademark on the bit before the dot-com,
then steal the domain from you. THAT FORM OF THEFT IS WRONG.


A kitchen knife is generally used to cut food, although it can be "abused" as a murder weapon.


While there are various decisions mostly in favor of trademark holders, having a trademark is
still no guarantee you'll get the domain name. But I do heartily agree it's "wrong" to use it
to overreach in certain cases.


If things are black and white, we'll probably have less problems to worry about.


When a person pays for a domain name, they pay for it. A registrar
disabling it is a breech of contract, and should be a capital crime. I've
had my domains disabled for ticking off powerful career criminals (e.g.,
Orin Hatch)

You seem to think registering a domain name gives you an absolute right to it. Someone else
thought that and sued the registrar when they put parking pages on the domain name:


http://www.courts.state.ny.us/reporter/slips/13230.htm


The two parties eventually settled, though. And the registrar has rewritten their agreement
since then.


Your rights are limited by your registrar's agreement. Breaking any of its terms (or breach
of contract, as you mentioned earlier) can be grounds for the registrar to "take the domain
name away from you" and terminate your account.


I worked with a registrar in a previous life and am now an average domain registrant, so I do
know what it's like on both sides.

"I got everybody to pay up front...then I blew up their planet." "Now why didn't I think of that?" -- Post Bros. Comics

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