Re: [ICANN-EU] first penal court ruling

[lutz@iks-jena.de (Lutz Donnerhacke)]

* Mark Obrembalski wrote:
>Lutz Donnerhacke schrieb:
>> 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.
>
> There is no criminal law in Germany which generally forbids grabbing
> domains. So the upper courts are not allowed to send someone to jail as
> long as he don't violate trademark and competition laws. If you think
> this should change, you must explain it to those who make the laws not to
> thoase who apply them.

As written to Marc: This reasoning will cause more rights for thrade mark
owners than for ordinary people.