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Username: friedrich
Date/Time: Sun, November 5, 2000 at 12:40 AM GMT
Browser: Microsoft Internet Explorer V5.5 using Windows NT 4.0
Score: 5
Subject: This is what the law says ...


       I may have a company called "Friedrich Kisters SA" in
Switzerland and you may open one with the same name in France,
Germany or/and the U.S - if didn't register there beforehand, no

You may even register "friedrich kisters" as a trademark over 40
times within Switzerland, once for food, once for internet
services, ... and the same again in Germany, France, the U.S., ...

But domain names are unique: Once or was registered,
the rest of the trademarkholders of xyz worldwide cannot register it

So, hundreds of trademarkholders remain without any possibility of
registering their trademarked name within an appropriate gtld.

And if they register their trademarked name, they may be ripped off
by some "bigger" trademark owner of the same word in the U.S.

This IS NEW and could never happen according to trademark laws.
It is the current, Internet-reigning "Faustrecht" and against any
democratic or legal rights.

It is also against the "SWISS guarantee of property act".

And, as an address can't violate a trademark, it is simply absurd.

To give other trademark holders, company owners and private users the
possibility of registering an appropriate name we MUST introduce new,
unrestricted gtlds.

The use of them must happen within legal barriers and if it doesn't,
the owner must be sued.

But: Sunrise periods are lacking every legal ground:

- I can't tell you, that you will not be able to get a knife anymore,
because it happened that someone was killed by a knife ...

- Neither can I tell you, that you will get the knife only after the
sunrise period ended ...

- Nor, that I suspect you of being a criminal in the first place ...

It's just the completely wrong way to go.

The correct way is to introduce new gtlds without restricting the
registration process, but restricting the use.

If the use of a domain names provokes a trademark infringement, then
the content of that website has to be deleted and the owner to be
sued (but not taken away his address). This is what the law says.

Friedrich Kisters



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