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Trademarks and domains

Trademarks and domains

Posted Mar 15, 2022 17:56 UTC (Tue) by brunowolff (guest, #71160)
In reply to: Trademarks and domains by josh
Parent article: Red Hat fails to take WeMakeFedora.org

You can't tell if it is a trademark infringement without considering the whole site. A potentially confusing domain name might be part of that, but that doesn't make the domain itself infringing, so that a trademark owner can take it. Red Hat doesn't own all uses of the word fedora in domain names and should not be able to sieze a domain using wemakefedora. The proper remedy is an injunction on the site and making similar sites in the future (assuming a violation is found).
If trademark owners wanted their own play area they should have asked ICANN to create a .trademark domain (tm is a country code) instead of convincing ICANN to created an unfairly (IMO) biased UDRP.


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