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Some interesting considerations about Trademark Rights
  • To: <stld-rfp-comments@xxxxxxxxx>
  • Subject: Some interesting considerations about Trademark Rights
  • From: "Swatchnews Research Center Association - Stefano Manfroi" <stefano.manfroi@xxxxxxxxxxxxxx>
  • Date: Wed, 29 Oct 2003 16:43:08 +0100


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:

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
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

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