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

[richard.hill@itu.int]

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/
> 
> 
> 
> 
> 
> 
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