>As to the assertion that pentium.sucks would possibly deliver useful
>information about Pentium computers, so what. If I bought a counterfeit
>Pentium computer I might find that useful too but the sale would still be a
>criminal act. Claimed usefulness is not a defense to a tort.
So free speech is now a tort? Gee, when did that happen? We are not
talking about counterfeit computers. We are talking about current
trademark law. Would a consumer be confused as to the source of a product
or a service? One would have to be rather clueless to believe that
pentium.sucks was Intel's site after going to it and examining the content.
>
>I asked Mueller to identify a TLD that TM interests alone have prevented
>from being operational today and he did not reply. No trademark interests
>prevented a .sucks TLD from being operational today and there is no caselaw
>barring the [xyz]sucks.com formulation. I don't argue that [xyz][sucks] is
>per se infringing.
That's a start at least :-)
>
>Of course Netscape is complaining about netscapesucks.com, but they are one
>of those anti-diluvian clueless TM interests who have done nothing to
>contribute to the growth of the Net.
Irrelevant. People should have the right to free speech regardless of the
amount of contribution to the Internet or lack thereof.
>
>As for Mr. Sexton's assertion that TM interests protested the additional
>TLDs proposed in the Green paper, they did criticize that proposal during
>the comments period but it is fairly absurd to argue that those TLDs would
>be operational today were it not for protests from TM interests. I don't
>think it was INTA which convinced Magaziner and Dr. Postel that the
>re-organization of IANA was of higher priority than adding TLDs.
I do believe that some TLDs would be operational if not for trademark
interests. Just as I believe that trademark interests are currently
calling for restrictions on registration of domain names. That has very
little to do with my original point.
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