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Originally Posted by MrFierce
The answer is multi-faceted, first and foremost is that "sex" is so generic that many countries will not register or recognize the US trademark, second the respondant lives in Korea where he is not subject to US laws, third since his site in effect promotes and sells items that are subtantively differentiated from the sex.com site he has the ability to claim that his site promotes something not the same as sex.com and therefore is not infringing on the complainants mark. My personal opinion is that this is an unenforceable case of infringement as the services are closely related and the sites are in the same field.
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good answer
but the judge said that it doesnt matter. If the domain is the EXACT same as the trademark then it belongs to the trademark owner., why wouldnt it be the same for .com or .net ( infact the judge even said that the fact that it was .biz was irrelevant )
Enforcing it is another story , but for .com or .net that are registered in the u.s.a. it should be simple shouldn't it. ?