You are referring to a product or process, not a word or series of words as
a mark, there is a big difference.




> -----Original Message-----
> From: Kim Davies [mailto:kim§cynosure.com.au]
> Sent: Wednesday, 19 July 2006 3:31 PM
> To: Charlie McCormack
> Cc: '.au DNS Discussion List'
> Subject: Re: [DNS] Secondary Market
> 
> Quoting Charlie McCormack on Wednesday July 19, 2006:
> | Agreed, but do they have a right to issue me a license to a trademark I
> | already own? I think not, and to restrict me from selling my trademark
> | *could* be a spot of trouble for them.
> 
> Of course they do. A trademark is a defensive right that allows a
> trademark holder to prevent other parties from passing off using the
> same distinctive properties of the trademark in a specific field of
> endeavour. It does not entitle the trademark holder automatic ownership
> rights to anything with the trademark in it.
> 
> | Sure they can charge me a fee to manage the DNS record in the main root,
> but
> | they have no rights to enforce restrictions on a trademark I own.
> 
> I can allow people to pay me to tattoo words on my forehead. It doesn't
> mean Coca-Cola has an automatic right to insist they get their logo up
> there because they have a trademark. It does however allow them to
> insist I don't sell a beverage by the name of Coca-Cola.
> 
> Just because a trademark holder has special rights in terms of
> exclusivity of using a mark doesn't change any of the other restrictions
> that exist.
> 
> kim