“Registrars can now block all domains that resemble brand names”
"The fundamental problem with services like this is that they suppress far more domains than merely those that would infringe trademark. Domain names are themselves a form of speech that we don't want to see constrained by overzealous attempts at brand enforcement," Kit Walsh, senior staff attorney at EFF told BleepingComputer in a statement.
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"Many trademarks are common words, like 'Apple,' surnames, like 'Ford,' or drawn from preexisting culture, like 'Nike.' Even if a trademark is a unique word, people have a right to talk about brands, products, and aspects of culture."
"To do otherwise silences critical speech, parody, fan works, or even unrelated but similar business names."
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@youronlyone Trademark does **not** restrict ones ability to talk about a product. In fact trademarks on the word, they are on the expression, as in it is only trademarked within the domain it is used and the manner in which it is used.
For example apple owns the trademark for "Apple (TM)" specifically in the computing field, they couldnt, for example, sue a newspaper for talking about apples or even talking about Apple specifically (the company) due to trademarks.
@freemo @youronlyone I'm a bit worried about all grannies named Smith https://www.npr.org/2023/06/23/1184071306/apple-vs-apples-the-tech-giant-is-fighting-to-trademark-the-fruit
Why? Apple got a limited trademark that cant be applied to the sale of apples or little grannies. As they point out in the interview they are appealing that, but swiss law is very clear and they have no chance of winning that (just as they wouldnt in the USA). So whats the fear? I mean if they could get such a patent sure, but they cant and never have, the fact that they try, and always fail, is how I'd expect it to work. Cant blame them for trying.
Also keep in mind in Switzerland getting a trademark registered doesnt mean the trademark is enforceable. Trademark conflicts arent checked at registration time. But they do check if the patent is technically legal in terms of what it is applying for should there be no conflict. Which is why requesting a real world common good (like an apple) as a global trademark was rejected, it wouldnt be legal.
