Re: Who decides? (was: trademark categories)

[Karl Auerbach <karl@CaveBear.com>]

> If you have a trademark foobar in the US, but not in Sweden, and I
> register foobar.se for a Swedish company, on a Swedish domain registry,
> with no connection to the US except that the domain of course is
> internationally visible and reachable, what would you do ?

And if you use "foobar" in the USA in any way (as in using it within
"foobar.se"), like answering DNS queries leading to your web site,
advertising your URL, allowing people to put your URL on web pages,
allowing DNS zone transfers into the USA, etc, then I believe I have a
trademark based cause of action in the USA.

As far as I'm concerned the ISO domain stuff is totally a red herring
with regard to offensive names and/or trademarks.  Indeed, the whole
issue of more iTLDs is a of no relevance with regard to those issues.

(I see a need for more iTLDs, but only to foster competition, *not* to
answer the offensive name or trademark concerns.)

			--karl--