Re: [ICANN-EU] ... and other candidates

[Christoph <cweber@dialup.nacamar.de>]

Hello,

Andreas Fügner wrote:

> May I correct a misconception, which might be common.
> 
> The owner has to take action to protect or defend
> a trademark. It is the owners duty to constantly monitor
> new registrations and to timely object in case he sees
> its right violated.

May _I_ correct a misconception, which might be common:

Trademarks and Domains are two different things.

Two or more trademarks of excatly identical words can happily coexist.
Domains can't.

- trademarks are sorted in classes,
  domains are not
- trademarks can exist regionally
  domains are usually considered global by misled courts

- Domains are part of information location strings or machine 
  designation strings
- Trademarks are product or service designation strings

There are cases where you need a trademark but not a domain.
There are cases (quite many, actually) where you need a domain but
no trademark.

As a trademark and patent professional you should be aware of these
facts.

Which brings us to the question why...

> No objection means, it is yours!
> The Barcelona.com owner most probably forget or did not know!

... such brilliant statemets come from you. When, exactly, should 
the barcelona.com owner have objected to the foundation or
naming of the Catalan City of Barcelona, do you think ?

Enquiring minds want to know....

Regards

Christoph Weber-Fahr