Re: [ICANN-EU] TM vs. DN -

[Jeff Williams <jwkckid1@ix.netcom.com>]

Andreas and all,

Andreas Fügner wrote:

> Dear Jefsey:
>
> >=> Has anyone proven that domain names fall under TM laws?
> >No.
>
> "A Mark is a sign, or a combination of signs, capable of distinguishing the
> goods or services of one undertaking from those of other undertakings. The
> sign may particularly consist of one or more distinctive words, letters,
> numbers, drawings or pictures, emblems, colors or combinations of colors, or
> may be three-dimensional, such as the form of containers or packages for the
> product (provided they are not solely dictated by their function). The sign
> may also consist of combinations of any of the foregoing."
> (WIPO, go to http://www.wipo.org/eng/newindex/madrid.htm)
> France is a member of the Madrid Union as well.
>
> "What Is a Trade Mark?
> A trade mark is a sign which is capable of
> distinguishing the goods and services of one
> undertaking from the goods and services of another
> undertaking. Not only words, letters, numerals and
> designs may be protected as signs of this type, but
> also sound marks and three-dimensional
> configurations or other packaging."
> (German office for patents and marks)
>
> Still any doubts, that a Domain Name, under which an undertaking
> distinguishably offers goods or services, falls under the definition above?

  Yes.  A DN is "String of Characters" that denotes an address in DNS.
Nothing more strictly technically speaking.  Any sign/lable that the public
may associate with it is a matter of conjecture.  Nothing more.
Simple isn't it?  >;)  Any doubts, Andreas???

>
>
> Andreas Fuegner

Regards,

--
Jeffrey A. Williams
Spokesman INEGroup (Over 112k members strong!)
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
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