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Username: friedrich
Date/Time: Sun, November 5, 2000 at 2:11 PM GMT
Browser: Microsoft Internet Explorer V5.5 using Windows NT 4.0
Score: 5
Subject: Very serious legal concerns regarding trademark law!


                       Dear ICANN, dear members of this forum:

Something very serious seems to be happening:

While we are talking about "yes" or "no" to new gtlds, there are
people around, who silently try to register domain names as
trademarks - domain names of the NEW gtlds to come!

These new gtlds are not yet active, but already now people try
to "secure" those names through - after european trademark law -
llegal trademarks for their own purposes.

This behaviour also shows, how ridiculous a sunrise period would be!
And it should alert ICANN seriously, because it is an obvious
violation of trademark law:


I was informed by the "Organisation Mondiale De La Propriété
Intellectuelle" 34, chemin des Colombettes, CH-1211 Genève 20
TRADEMARKS ANYMORE, as they are regarded as generally descriptive.

So, in Europe I can NOT register e.g. my domain name "business.web"
as a trademark. Well, I can live with that.

But now I was just informed that someone (in the U.S.?) tries to
register guess what?: "business.web"!

This entity will afterwards try to claim for MY name, saying that
they are the "legal" trademark-owners - at least they  are planning it.

ICANN be careful!

You will get into very serious troubles soon, if you do not stop
that "trademark-behaviourism" immediately!

The legal situation would be that I would:

1. claim that trademark to be invalid

2. state that I have registered business.web long before this entity
registered the according trademark and that therefore I would not
loose my right of continued use for the domain name business.web.

But: If IODs database was cleaned, I would loose every right on
business.web whatsoever ... and ICANN would be faced with my claim
for indemnity. ICANN AND ME would both become victimes of illegal and
wrong application of trademark laws.

These are very serious legal concerns!
Please stop this trademark nonsense for the sake of serious companies
who plan no hidden business and just register trademarks, which ARE
registerable. Thank you!


Friedrich Kisters
Human Bios GmbH


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