3 ms·

With the expansiion of TLDs, this just means that apex domains of a TLD will still be subject to trademarks. google.pizza, google.yoga, google.keyboard will al

With the expansiion of TLDs, this just means that apex domains of a TLD will still be subject to trademarks. google.pizza, google.yoga, google.keyboard will all be trivially easy for Google to claim trademark infringement for. So while it's cute that you can register "google.soy" -- if Google cares enough they'll take if from you.

CydeWeys 6y ago
> apex domains of a TLD aka domain names.
kevin_nisbet 6y ago
I don't doubt google would attempt to do this, and probably win simply by being able to out resource an individual who registered the domain, however, my limited understanding of trademark law is this wouldn't necessarily be a valid claim. My understanding is trademarks are a protection against consumer confusion, so as long as companies aren't selling similar products or services, or competing in the same geography there isn't a problem. This is difficult with google, but a non-tech scuba company operating under google.scuba or googlescuba.com wouldn't necessarily infringe on google the tech company unless they're actively doing something to make consumer believe they're dealing with google the tech company. Google is difficult with it's large breadth of interests, but for most tech companies this is likely more about exploiting flaws with the legal system by out resourcing opponents more than legitimate claims (thinking the oracles, salesforces, dells, Intels, etc).
- tempestn 6y ago
  IANAL but I'm pretty sure those examples could still be trademark infringement. Since Google is a global company and brand, someone could easily assume since your site is called google.scuba or googlescuba.com, you are in some way affiliated with or endorsed by Google. Perhaps you'd be OK if you made it very clear that wasn't the case, but I wouldn't want to bet on it.
- staticautomatic 6y ago
  I don't know what legal relationship it has to US trademark law, if any, but I've heard ICANN has its own sort of arbitration process for domain squatting disputes.
- FemmeAndroid 6y ago
  While this is generally true, it doesn’t apply to a famous and unique mark which would definitely be covered by trademark dilution in this case. See: https://en.m.wikipedia.org/wiki/Trademark_dilution https://en.m.wikipedia.org/wiki/Trademark_dilution
bencollier49 6y ago
Although apple.records would not be available to Apple Computer. Trademark classes will make this all more interesting. In fact, they're the only good argument in favour of expanded TLDs that I can think of.

CydeWeys 6y ago

> apex domains of a TLD aka domain names.

kevin_nisbet 6y ago

I don't doubt google would attempt to do this, and probably win simply by being able to out resource an individual who registered the domain, however, my limited understanding of trademark law is this wouldn't necessarily be a valid claim. My understanding is trademarks are a protection against consumer confusion, so as long as companies aren't selling similar products or services, or competing in the same geography there isn't a problem. This is difficult with google, but a non-tech scuba company operating under google.scuba or googlescuba.com wouldn't necessarily infringe on google the tech company unless they're actively doing something to make consumer believe they're dealing with google the tech company. Google is difficult with it's large breadth of interests, but for most tech companies this is likely more about exploiting flaws with the legal system by out resourcing opponents more than legitimate claims (thinking the oracles, salesforces, dells, Intels, etc).

tempestn 6y ago
IANAL but I'm pretty sure those examples could still be trademark infringement. Since Google is a global company and brand, someone could easily assume since your site is called google.scuba or googlescuba.com, you are in some way affiliated with or endorsed by Google. Perhaps you'd be OK if you made it very clear that wasn't the case, but I wouldn't want to bet on it.
staticautomatic 6y ago
I don't know what legal relationship it has to US trademark law, if any, but I've heard ICANN has its own sort of arbitration process for domain squatting disputes.
FemmeAndroid 6y ago
While this is generally true, it doesn’t apply to a famous and unique mark which would definitely be covered by trademark dilution in this case. See: https://en.m.wikipedia.org/wiki/Trademark_dilution https://en.m.wikipedia.org/wiki/Trademark_dilution

bencollier49 6y ago

Although apple.records would not be available to Apple Computer. Trademark classes will make this all more interesting. In fact, they're the only good argument in favour of expanded TLDs that I can think of.