NamePros.Com - View Single Post - New Bill in US Senate Threatens Domain Registrants!

Originally Posted by labrocca

25% of my portfolio is developed. 25% is short CCC's and the rest are generic or brandables under development.

I guess then you're safe. But "person's bona fide noncommercial use of the domain name or fair use of a mark in a website accessible under the domain name", so i assume you won't have ads.

Originally Posted by labrocca

No...it doesn't say Ebay can come after me for FilterBay. It doesn't change existing TM laws only creates wider penalties for them.

"such domain name is or contains the identical name or brand name of, or is confusingly similar to the name or brand name of a government office, nonprofit organization, business, or other entity" - all it takes is one business or entity.

Originally Posted by labrocca

This bill is mostly for phishing and deceptive practices to gain personal information. It's not an attack on domainers.

Mostly is not good enough -
http://www.thedomains.com/2008/03/0...the-snowe-bill/

Originally Posted by labrocca

Essentially if this bill passes I would probably be more likely to go after someone that is using my Trademarks (for which I have many) than the other way around.

I guess you must satisfy this for ALL your domains - tm is only valid for wipo/udrp - "extent to which the domain name consists of the legal name of the person or a name that is otherwise commonly used to identify that person"

Also -
1. Don't ever even offer to sell a domain -
"person's offer to transfer, sell, or otherwise assign the domain name to the brand name or trademark owner or any third party for financial gain without having used, or having an intent to use, the domain name in the bona fide offering of any goods or services"

2. Even if you don't now, if you ever did...
"or the person's prior conduct indicating a pattern of such conduct" Did i miss the statue of limitations on this somewhere in the bill?

3. Note, the onus of clearing the complaint is with the domain owner, the complainant isn't even the primary on this and of course the Transport department is a good judge of this -
"In any case in which the attorney general of a State, or an official or agency of a State, has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by any person who violates this Act, the attorney general, official, or agency of the State, as parens patriae, may bring a civil action on behalf of the residents of the State in a district court of the United States of appropriate jurisdiction to--

(A) enjoin further violation of this Act by that person;

(B) enforce compliance with this Act; or

(C) obtain civil penalties or damages on behalf of the residents of the State.

I don't know maybe I'm just reading it wrong, but I'd rather be safe than sorry and what anyone else tells me is less important that what it reads to me.