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

[Alf Hansen <aha@uninett.no>]

Andreas,

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?
> 
> Andreas Fuegner

When registering a domain name, you know that the DN can be used as a
label for goods or services, so it is obvious that it falls under the
definition. It is also obvious that if you register a DN which is
already protected by the TM law, you must be prepared for a law suit. It
is therefore in the interest of the registrant to check the TM status of
the DN before the application is sent.

Best regards,
-- 
Alf Hansen                     Mail address:
                                 UNINETT FAS A/S
aha@uninett.no                   N-7465 Trondheim, Norway
Home page:                     Phone: +47 73 55 79 00
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