I think you are missing one important quality of trade marks: they do not
give you complete unfettered control of the word.

You would have registered your trade mark  under a particular "class". It is
for that class of product which your trade mark has enforcability. It is
certainly possible for several different companies to own the same trade
mark without conflict. But of course only one can use the domain name.

Ari Maniatis


on 9/4/00 4:33 PM, Doug Robb at doug§cygnus.uwa.edu.au wrote:

> On a related point I also own the trade mark for
> 'rubicon'. The site http://www.rubicon.com.au
> is a water management company. I could call them
> cyber sqatters as I hold the trademark. But as I
> didn't form a (yet another) business just to get the
> domain name my trademark is now someone else
> domain name.
> 
> Gone forever because under .com.au policy the .com.au
> domain space is not for trademarks. Perhaps they should
> stop registering domain names that are some elses
> trade marks?
> (I know on the application form they have a search
> trademarks check but this is one at least that has
> obvioulsy got past this check - and at the time I
> looked rubicon systems didn't own the trademark
> in any category).



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