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Re: [ICANN-EU] first penal court ruling
- To: icann-europe@fitug.de
- Subject: Re: [ICANN-EU] first penal court ruling
- From: lutz@iks-jena.de (Lutz Donnerhacke)
- Date: 15 Sep 2000 13:59:06 GMT
- Comment: This message comes from the icann-europe mailing list.
- Newsgroups: iks.lists.icann.europe
- Organization: IKS GmbH Jena
- References: <003301c01f0f$3037aee0$0b0aa8c0@f-gner>
- Sender: owner-icann-europe@fitug.de
- User-Agent: slrn/0.9.5.7 (UNIX)
* Andreas Fügner quote:
> His defense was, that the companies did not have to buy from him. Instead
> they could have registered different domains themselves. But the penal
> court saw his actions as a clear breach of trademark law. Other civil
> courts had come to similar conclusions earlier in Munich.
That reasoning is bad. Sending him to jail for grabbing is ok, but this
court also considered only the trademark laws. So this reasoning allows
grabbing naming domains in order to sell them to the person with this name
as long as it is not a registred trademark.
Hope to explain the problem to judges of the upper courts next week.