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Username: WorldThoughts
Date/Time: Sat, July 8, 2000 at 9:49 PM GMT
Browser: AOL Browser V5.0 using Windows 98
Score: 5
Subject: Answer

Message:
 

 
<<<  What i'm getting at is that if you take over sex.sex.  The
guy that has sex.com will be firing a suit at you.  Just like
if you take hotmail.email (if that TLD exists).  >>>>


"Sex" is a generic word that can not be trademarked.
"HotMail" probably is trademarkable.

Then again, WIPO is suffering from delusions of grandeur lately, and thinks everything is trademarkable, and should be turned over to somebody or another.

Litigation pays their salaries, don't ya forget, and justifies their existence. And so when WIPO quietly issues a statement to the world such as "We favor complainants 90 percent of the time," the world will jump to pay $1,500 per WIPO ruling.

Call it constipated job security.

. . . Furthermore (and getting back to what I was saying), the TLD is not a trademarkable element in a domain name.

For instance, a company named SixNet, was not able to claim the domain Six.net. (Though wasn't that actually turned over by a court AFTER WIPO had ruled in favor (again) of the complainant?)

In trademark law, "Six.net" is the same as "Six." Generic.



 


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