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Username: friedrich
Date/Time: Tue, July 4, 2000 at 10:13 AM GMT
Browser: Microsoft Internet Explorer V5.01 using Windows NT
Score: 5
Subject: IPC (Intellectual Property Constituency) and trademark infringement

Message:
 

 
                                                        First, I understand the interest IPC has in the matter. Secondly, the answers of both Greg Krajewski and Dan Kolis make sense and should be taken into account.

I personally come to the conclusion that the existence of any trademark conflict concerning domain names is in fact artificial.

Reasons:

THE ENDING .XYZ DOES NOT BELONG TO THE REGISTERED TRADEMARK. This means that all trademarks were registered without this ending and therefore there is no protection per se, AS SOON AS YOU ADD THIS ENDING.

A trademark infringement might take place on a "lower" level, on the website itself, trying to look like the company which is owning the trademark. Then, this website has to be closed down. Not so the domain name.

IPC therefore goes much too far, giving itself a higher importance than it had 5 years ago. By interpreting the trademark law into this new direction, literally everybody will be forced to register a trademark - to the benefit of IPC, who becomes one of the most important factors in economy.
By the way: You can see that trademark registrations in the last five years have more than doubled - do you understand what I mean?

If it is possible to register generic names by adding the .xyz, without combining particular grafics with it, we get into serious trouble, because it doesn't leave anyone else with a different apearance space to register anymore.

If generally nobody else is allowed to register that generic word in any other gtld anymore, because it could be mixed up, as both are used in the Internet, it gets even worse:
One day everything will be registered and it won't be possible to start a business, unless you inherit a trademark.

Isn't this the wrong direction?
We are no longer talking about protection, but about protectionism.

I therefore ask you to completely free gtld names from trademark issues, because the trademarks are different from the mere name+.xyz and a trademark infringement can only take place within the website created UNDER that name.
There it can be stopped immediately through existing laws.

If you request a "trademark" area in the Internet on the domain level, well, then just add rtlds adding an "r" to the ending of existing ones (e.g. ".rcom") and open your own trademark-playfield there. But please, IPC,  do not interprete existing laws in a way that adds too much to your own importance.

Thank you.
Friedrich Kisters

     
     
     
     
     
     
     

 


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