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

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

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