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Username: friedrich
Date/Time: Sat, November 4, 2000 at 10:50 AM GMT
Browser: Microsoft Internet Explorer V5.5 using Windows NT 4.0
Score: 5
Subject: I strongly support this excellent comment.

Message:
 

 
              Finally some, who care about trademark law!

I may add to the above comment, that trademark infringements at the
level of names of addresses (= domain names) are generally impossible.

This does not exclude that certain adresses / domain names violate
other laws or can simply not be tolerated, as is shown above.

Further examples:

If you build a house and call it "Nazicastle", writing that name in
big letters on the door front, you get into trouble soon. Equally, if
you register nazicastle.com. It simply is a totally unappropriate
name.

But, if you are a strong CocaCola drinker and call your
house "CocaColaCenter" you do not harm anybody, as long as you don't
sell CocaCola or even VirginCola there, without any permission.

If you do sell anything there, you certainly get into trouble for
trademark violations and you'll have to pay a heavy fine.

But even then, CocaCola won't take away your house ...
This shouldn't happen with domain names, either.

Nor should the trademark law be changed to an "a priori pre-emption
of the use of alphanumeric characters in the real world" as described
in the excellent comment above.

Sunrise periods have nothing to do with the protection of trademarks.
They simply give ONE SINGLE trademarkholder an economic advantage
(note: only one out of thousands of possible trademark holders,
holding a similar trademark in different cathegories and/or countries
all over the world!).

This has never been intended by trademark law.

Friedrich Kisters
kisters@tele-net.ch
8280 Kreuzlingen
Switzerland
     
     
     

 


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