Hello,
Some considerations about the Trademark and the relative rights
in all Internet while the Trademark not cover all the Countries.
I was thinking about some
logical considerations:
example:
I've registered "EXAMPLEofmydomain.com" in Canada,
and the relative website was hosted in Canada too.
I know that Internet is a world wide Network BUT
have also a phisically location where I've registered swatchnews.com
(DNS)
and have also phisically location the server where
was hosted the web pages of www.EXAMPLEofmydomain.com (not
exist is only an example)
The Trademark of "EXAMPLE" not include the
countries: Canada
I've a personal interpretation about
this:
I've registered the domain name
"EXAMPLEofmydomain.com" in Canada where not exist the trademark of "EXAMPLE" and
I've published the relative web pages
in a server located in Canada too.
Is not right declare that I was doing infringiment
of the trademarks for some pratical reasons:
- publishing pages in Internet not means publish in
an active way in all the world
- ONLY if a visitor go to visit www.EXAMPLEofmydomain.com
can look my website and my pages
- the website server is a passive
system waiting visitors
- the website server not send automatically the
pages to all the Internet user of the world without a phisical request of the
URL writing in the browser with the keyboard www.EXAMPLEofmydomain.com
(pressing enter or clicking the mouse) ONLY the visitors is the active part
choosing in a FREE way which site want to visit
example:
I publish in a shop in Canada a banner in direction
of the street where is written "EXAMPLEmydomains" and some
informations about my job.
ONLY if somebody go in Canada in that street can
look that banner or not?
I think yes and for this look this other
example and for me both are same value:
- I take the airplane I go in Canada to see the
banner in the street where is written EXAMPLEmydomains and other
info.
I think that this example Is to much
valid...!!!
What do you think about this example ?
Thanks in advance
Stefano Manfroi