31 January 2014

Trademark Law, ICANN, trademark abuse, domain name theft

A big problem for domain investors is that neither ICANN, nor UDRP panels, understand trademark law --

As Judge Kozinski famously wrote, sometimes trademark holders must be “advised to chill.” (source infra)

Trademark Law Does Not Require Companies To Tirelessly Censor the Internet | Electronic Frontier Foundation: "Quite simply, the view that a trademark holder must troll the internet and respond to every unauthorized use (or even every infringing use) is a myth. It’s great for lawyers, but irritating and expensive for everyone else. And when done clumsily or maliciously, it chills free expression." (read more at the links above)

Not only that, but a legal authority reports that two companies can both use the same mark without infringement, as long it isn't likely to confuse consumers.

Prediction: domain names are a form of free expression, protected by the First Amendment in the US; it will not be long before ICANN and/or its enabling of trademark abuse and domain name theft, gets slapped down by a Federal Court.

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