Re: [ICANN-EU] trademark vs. domain / legal aspect

[Jefsey Morfin <jefsey@wanadoo.fr>]

Dear Andreas,
At 15:24 23/08/00, you wrote:
>Dear Jefsey:
>What is the reason, you are writing to me in private?

I just initially asked a personnal comment. This develops
into something more complex, so I certainly make it public.

> >Thx for your inputs: I will try to find a "Famous" mark legal definition.
>Exists.
>known trademark:    > 33 % awareness
>established TM:       > 50% awareness
>notorious TM:          > 60% awareness
>famous TM:             > 80% awareness

Does not sound "legal" to me. Please document reference.
Country(ies).
Questions:
- What is awareness?
- Who defines it?
- How do you measure it?
- On which period?
- where?
- How do you check it?
- How do you contest it?

>A known TM is protected against watering down and exploitation.
>Cybersquatting is often seen as exploitation of intellectual property.

First question: by who: the user or the site?
Owning a domain name is not expoiting it.
RFCs say that owning a domain is a service.
Owning "Cocacloa.com" may be construed as a
service to the community not to have another
Coca Cola Inc. influence: this is poitical right.
Not so easy...

Do you consider you have the right to name
a directory on your PC after "CocaCola"? You use
their intellectual property.

>A notorious TM is protected, even if the TM cannot be registered.
>That means, a TM, that is not and usually cannot be registered
>(f.i. a common word) is protected as soon as it is notorious.

Let say I chose "Love" as a name for my products.
99% of the people know the word. So I cannot register
love.com and you have obviously no right to make love?
Sounds strange to me?

> >To my knowledge international routing is defined UN bodies
> >(Posts, CCITT, EDI conventions, using or asking for ISO standards).
> >Their logic is [name]+[additions]+mnemonic+[additions]+[nation].
> >The internet is ok with it. Domain Names are mnemonics. National
> >[or international elements defined as such] are the TLDs. As such
> >TLD may not be registered, but mnemonics can.
> >To my understanding, this does not prevent anyone to use any
> >mnemonics as an adressing convention as long it abides by
> >the requested standard. Would you say that if I send a letter to
> >Mr. Clinton
> >USA
> >
> >it will go to the White House?
>Very unlikely.
>
> >My understanding is that it
> >would be open by an authorized service to try to dertermine
> >which Mr. Clinton it is?
>That will happen.
>
>Now lets say you send a letter to Coca Cola, USA.
>This will reach Coca Cola Inc. in Atlanta, Georgia.
>See the difference??

Nope. It is only of quicker understanding that the
destinee is a member of Coca Cola Inc.. It is cheaper
and faster for the Postal Service to let them find him
and bare the cost. I am sure that a Post Man favoring
Pepsi and returning the letter would not be blamed.

Also, I am not sure, because how would they know
the letter is not private and the destinee is not:

Ms Pepsi. Sevenup
Coca Cola Case
Central Intelligence Agency
Office of Drinking Affairs
Washington, D.C. 20505

VA 22105 Langley

>A trademark by definition has to be "unique".
>It has to distinguish itself from others.
>That is the reason why 'word trademarks' are so tough
>to create, register, and establish.

What is a "word trademak" legal definition?
By who. Where can I register it? I am aware I can
extend my right internationaly, I am also aware that
many countries do not care about TMs.

>Now, if you have spent hundreds of millions to establish
>your trademark worldwide, would you want somebody else
>be allowed to exploit it?

Nope. But if I spend millions I guessed I took the necessary
steps to protect it everywhere, including buying it back from
legitmate owners (or may be killing them).

You see all this story is pure unjustice. Again, I am sure
that every WIPO decision could be legitimately fought
by a third right holder. The same trade mark in the same
class can even be shared in the same country.

When you register a TM you purchase something. Now
because of the importance of Internet some wants to
obtains new rights they never paid for and which were
never granted to them, very often gainst other legitimate
rights.

Let assume that I registered "Coca Cola" as on online
service and "cocacola.com". Will you deny my the use
of my domain name?

BTW I advise you to go on
http://www.misocroft.com
and on
http://www.cia.com

Some good fun is always good!
>Andreas Fuegner