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.
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.
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.
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.
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