RE: [ga] 4th Circuit Court of Appeals Reverses Barcelona.com Decision

[Marc Schneiders <marc@fuchsia.bijt.net>]

This is more interesting than I thought at first. Does it mean that if
barcelona.com was registered with a Spanish registrar, the outcome might
have been different? Appeal against a UDRP decision has to take place
where the registrar is, isn't that so?

Is there a country somewhere in the world that hates trademarks? I might
set up a registrar business there then. If there are several countries
that think more lightly about trademark rights, I'd like to know one where
court cases are reasonably priced.

On Tue, 3 Jun 2003, at 12:02 [=GMT+0200], richard.hill@itu.int wrote:

> Under US law, says the US court.
>
> But what about Spanish law?  Not applicable in US court, because of ACPA and
> the general principle of territoriality of trademark law, says the US court.
>
> However, I suppose, the City Council of Barcelona could bring an action in
> Spanish courts, under Spanish law, if it felt that the activities exercised
> under the disputed domain name were violating Spanish law in Spain.
>
> If such an action suceeded in Spain, then the question of whether or not the
> Spanish court's decision could be enforced in the US is probably a
> complicated question.
>
> Best,
> Richard Hill
>
>
>
> > -----Original Message-----
> > From: John Berryhill Ph.D. J.D. [mailto:john@johnberryhill.com]
> > Sent: Monday, 02 June 2003 22:43
> > To: [GA]
> > Subject: [ga] 4th Circuit Court of Appeals Reverses Barcelona.com
> > Decision
> >
> >
> >
> > As if anyone needed to know, "Barcelona" is not a trademark
> > of the City of
> > Barcelona:
> >
> > http://pacer.ca4.uscourts.gov/opinion.pdf/021396.P.pdf
> >
> >
> > It looks like an update will be needed here to avoid false
> > advertising:
> > http://www.oblon.com/barcelona/
> >
> >
> >
> >
> >
> >
> > --
> > This message was passed to you via the ga@dnso.org list.
> > Send mail to majordomo@dnso.org to unsubscribe
> > ("unsubscribe ga" in the body of the message).
> > Archives at http://www.dnso.org/archives.html
> >
> --
> This message was passed to you via the ga@dnso.org list.
> Send mail to majordomo@dnso.org to unsubscribe
> ("unsubscribe ga" in the body of the message).
> Archives at http://www.dnso.org/archives.html
>

--
This message was passed to you via the ga@dnso.org list.
Send mail to majordomo@dnso.org to unsubscribe
("unsubscribe ga" in the body of the message).
Archives at http://www.dnso.org/archives.html