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lolinder12/09/20241 replyview on HN

> When I registered a domain with my surname in it, the registrar had an automatic process in place that checked for this trademark and took away access of the domain. So far so good.

I don't think this is good.

Trademarks are country-specific, not global like domains. Further, within a country trademarks are only valid within the scope of certain classes, which means:

* There will often be more than one trademark holder of even non-surname trademarks.

* You can't trademark a surname to prevent its use generally, you can only restrict its use in a narrow sphere.

I understand why domain registrars automatically overenforce their country's trademark laws (they can't deal with the legal complications that will result from them not doing so), but it's very much not good that someone like you can get to a domain for your surname first and be told you can't have it in case the trademark holder (for which class???) might want it.


Replies

lxgr12/09/2024

> Trademarks are country-specific, not global like domains.

Domains are also subject to local law! For ccTLDs, it's usually that of the country in question; for gTLD, to my knowledge the US has effective jurisdiction (through ICANN) over at least some of the popular gTLDs such as .com and .net.

"Local law" in this case doesn't just include actual laws on the books, but also the risk and cost of getting sued by either a trademark holder or a non-trademark-infringing domain owner.

This is exactly the type of issue that people usually don't consider when picking a TLD, vanity or otherwise.