The argument works both ways: if the PSF cannot assert a trademark on the name "Python," the owners of the python.co.uk domain shouldn't be able to take ownership of the name either. Why are they trying to do it right now?
The owners of python.co.uk have waited 13 years to make a complaint about others using their trademark. And due to this, are arguably in a weak position to claim ownership of the trademark.
So my question is this; are the owners of python.co.uk also being challenged to prove they've used their trademark? Are the owners of python.co.uk being challenged to prove that they've tried to enforce control over the trademark over the 13 years leading up to this case?
If you want an example of what I mean, then check domain name trademark policy: http://wordpressfoundation.org/trademark-policy/
> "All other WordPress-related businesses or projects can use the WordPress name and logo to refer to and explain their services, but they cannot use them as part of a product, project, service, domain, or company name and they cannot use them in any way that suggests an affiliation with or endorsement by the WordPress Foundation or the WordPress open source project. For example, a consulting company can describe its business as “123 Web Services, offering WordPress consulting for small businesses,” but cannot call its business “The WordPress Consulting Company.” Similarly, a business related to WordPress themes can describe itself as “XYZ Themes, the world’s best WordPress themes,” but cannot call itself “The WordPress Theme Portal.”
> Similarly, it’s OK to use the WordPress or WordCamp logo as part of a page that describes your products or services, but it is not OK to use it as part of your company or product logo or branding itself. Under no circumstances is it permitted to use WordPress or WordCamp as part of a top-level domain name."
The reason for this is quite simple, they've been seen to enforce their trademark so if there's ever any disputes, Wordpress are on strong legal ground. However python.co.uk owners have allowed the name -"their" trademark- to be borrowed and used globally. So it's now a grey issue as to whether the aforementioned still have a legal right to that trademark.
So if I understand trademark law, then the PSF should also be challenging python.co.uk to prove that they've made any effort to enforce their trademark before now. I hope for PSF's sake that I am right here because that would put them in a much stronger position to win this dispute than just proving the widespread use of the term under their context alone.