RE: theos.com threatened with legal action

[Jeremie Kass <jeremie_(_at_)_umich_(_dot_)_edu>]

I  did some digging into their trademarks. While it's true
that Theos Software  has trademark #1457274  for the design mark (logo +
word theos) they just (12/2/98) are in the process of getting a trademakr
for the word mark Theos, typed drawing mark code (serial #75-598906).
Could the case be made that the old trademark does not apply to the domain
name?

Lawyer friend says yes. He adds: The Internic has taken the position,
inconsistently at times I may add, that a design form of a trademark is
not sufficient to have the domain name placed on hold.  Therefore, if they
do not have word mark registration for THEOS without the design, that
predates the registration date of the domain name, then they are unlikely
to be able to have the domain name placed on hold. Take a look at the
Canadian registration as well, however.  It may be a word mark
registration.  The Internic does not restrict itself to US   
registrations for purposes of placing a domain name on hold.  The CA TM
office is online.


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Jeremie Kass - University of Michigan  PGP KeyID: 7BDAD2A9 
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