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  • United States Postal Services just wasted your money objecting to .mail top level domain

    1. BY - Mar 27, 2013
    2. Policy & Law
    3. 8 Comments

    USPS should stick to delivering mail.

    USPSThis morning World Intellectual Property Organization posted that the United States Postal Service has objected to the seven applications to run a .mail top level domain.

    Really, USPS?

    First of all, the type of objection filed (legal rights objection) is designed as a vehicle for trademark holders. Last time I checked the USPS didn’t have a trademark on “mail”.

    Here are the criteria for a legal rights objection:

    (i) takes unfair advantage of the distinctive character or the reputation of the objector’s registered or unregistered trademark or service mark (“mark”) or IGO name or acronym, or
    (ii) unjustifiably impairs the distinctive character or the reputation of the objector’s mark or IGO name or acronym, or
    (iii) otherwise creates an impermissible likelihood of confusion between the applied-for gTLD and the objector’s mark or IGO name or acronym.

    Good luck with that.

    Second, if USPS is going have its reputation damaged so much by .mail, why didn’t it apply itself?

    Third, one of the applicants for the domain (1&1) owns the mail.com domain. Perhaps the USPS will argue that mail.com is the reason its business is withering.

    Although WIPO hasn’t posted the actual objection yet, it’s pretty easy to follow USPS’ twisted logic. After all, the USPS, which is bleeding money, submitted a comment on Donuts’ application for .delivery that suggested that Donuts’ was undercapitalized to run the domain.

    Oh, the irony.

8 Comments
  • I work for the PO and on the side of the postal vehicles is the usps symble and the little TM in a circle, isn’t that showing a trade mark?

  • Hi Andrew:

    Please see Section (i) where it states ~ “or unregistered trademark or service mark (“mark”)”

    You can’t argue the USPO does have ‘the distinctive local character and reputation’ for providing ‘mail’ service.

    The USPS has full right to object, being an American enterprise as is ICANN, along with IANA.

    In addition; most if not all the new Registry companies have offices located in the US, so they’re after an – in use mark – and such use could … impair the distinctive character or the reputation of USPS.

    Delivery – maybe a stretch, as both Hospital’s & Pizza companies furnish the service of ‘delivery’.

    Cheers, Graham.

  • Please see:

    U.S. Mail. – http://tess2.uspto.gov/bin/showfield?f=doc&state=4009:q4xq9t.2.26

    It maybe a very current filing; however, it’s “In Use” date roots to 1775 as stated here … http://en.wikipedia.org/wiki/United_States_Postal_Service

  • I don’t see any of my money being wasted by USPS or any other of the scores of objectors listed for various domains. I never knew anything about the whole process of applying for and granting domain names and the ability to object to them, etc., so it was quite informative anyway. Thanks.

  • John Berryhill says:

    March 27, 2013 at 11:10 am

    The USPS isn’t “bleeding money”. The problem is a bizarre statutory requirement that they pre-fund their pension system 75 years in advance.

  • John, I’m aware of the pension prefunding. Even without it, the USPS is running an operating loss.

  • Look up the definition of “mail”.
    According to dictionary.com
    mail1 [meyl] Show IPA
    noun
    1.
    letters, packages, etc., that are sent or delivered by means of the postal system: Storms delayed delivery of the mail.
    2.
    a single collection of such letters, packages, etc., as sent or delivered: to open one’s mail; to find a bill in the mail; The mail for England was put on the noon plane.
    3.
    Also, mails. the system, usually operated or supervised by the national government, for sending or delivering letters, packages, etc.; postal system: to buy clothes by mail.
    4.
    a train, boat, etc., as a carrier of postal matter.
    5.
    electronic mail; e-mail.

    Looks like to me that definition three maintains that the government has a monopoly on the word “mail”.
    Why do you think there was an e- placed before messages on the internet? So they wouldn’t violate their monopoly.

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