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

["Andreas Fügner" <Andreas.Fuegner@lizenz.com>]

Dear Marc:

As much as I sympathize, Thomas is right.

There are already international trademark laws.
Not every country applies them, not every court
decides accordingly, no legal system is perfect. :-(
It is the job of politicians to fix it.

ICANN can and should address conflicts, increase awareness,
push for improvements, foster development, etc.
ICANN cannot break the law or create new laws.


Only if you are interested in the legal issue, please read further, 
if otherwise, please ignore from here.


There are two cases, where trademarks and domains are in conflict.
a) trademarks registered and used for publishing.
What every body does under a domain in essence is publishing. 
Some publish private matters, others publish their business. 
Sometimes it is a mixture of both. Thus, a trademark registered 
and used for publishing could be violated.

b) trademarks notorious and famous all over the world.
Only few trademarks are notorious ( over 60% of the population know it) 
or famous (means > 80% of the population know it) all over the world. 
Trademarks are supposed to identify the provider of a material or 
immaterial product or service. 
Another party using a trademark famous all over the world 
is misleading its audience.