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Corinithians Reversed: Federal Court WIPO UDRP Challenge Upheld
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Well, the language of the namespace to date is English for historical reasons, though IDN's remain pending, the delay partly due to trademark issues. As you say yourself, Vivendi is a French company, and Phillips, I believe, is Dutch. The namespace at most is based on Roman characters. Someone who doesn't read Roman characters (a majority of the world's population), can't be assumed to know the meaning of the character string vivendiuniversal, any more than I understand or can distinguish between or amongst Chinese characters. Your hypothetical doctor in Karachi or Chang Mai with a Phillips TV may also possess a hypothetical satellite dish and watch Jerry Springer, thus learning the meaning of the term sucks. If one is willing to assume that some non-English (or non-Roman character reading) person can make such a distinction, not just for one trademark made up of Roman characters, but for all Roman character trademarks worldwide, one should also be willing to assume that that person is capable of understanding enough to know the meaning of the term sucks. What's more, if that person is able to understand the trademark portion of a domain name, that person should be equally able to understand the content available from that address, assuming it is in the same or similar language. If the content is critical of a trademark holder then there is little chance that most would assume it was owned by the trademark holder. As I say, it comes down to intent. The idea that a trademarked name in combination with any character string should, or even could, be taken to mean that that character string is a product (or service) of the trademark holder is an unwarranted expansion of trademark rights. If I register FnordAppleOrchard.com it shouldn't be a given that I am passing off as, or critical of, a computer maker. -g
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Re: PhillipsSucks
by fnord
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Thank you for the support.
I'm not arguing on whether or not anyone or everyone has the language skills to understand the slang application of "sucks". My point is that trademarks are valid only if they are distinctive. If they are descriptive, they *are* being used as language, and that's where the dragons lie.
Let me try another example. My firm does a lot of shipping work. One famous multinational carrier is Yan Ming. I know that Yan Ming is cantonese, but I have no idea whether it means, translated from cantonese "Harry Smith" or "our boats never sink". To me as a non-Cantonese speaker, the words Yan Ming signifies a carrier, and I would recognise them (if written in our alphabet!) in any language. That's what trademarks are for. To act as a guarantee of origin to the consumer (see Cornish, or Laddie on the subject).
Now, I *do* accept that where generic dictionary words are used, the domain name is questionable as intellectual property. As said above, AppleComputers.com is clearly an infringement. However I have a client who, having lost Dixons-online.com then registered "DixonsCustomers". Dixons may have an argument to run that they should be entitled to that domain name for, say, a customer support website. However, my client's arguments in support of his registration are perfectly legitimate. He runs a support site for unhappy Dixons customers. Here be dragons....
mjr
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Anon writes:Should trademark owners win sucks decisions? Probably not. But if a squatter registers a sucks address and sells products on the site instead of protesting the company, then the trademark owner should be able to shut the site down. I'm saying the same thing so in general I agree with that, though each case needs to be looked at individually. -g
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