AW: AW: [ICANN-EU] AMM's "government statement"

[SchultzKom@t-online.de (Christian Schultz Kommunalberatung)]

Dear Marc, dear Andreas, dear Andy,

the problem of giving the rights for TLD´s is that there are - so far I can
see - no clear rules for this. The case of "madonna.com" is a clear example
what can happen with decisions within inner circles and without rules and
without an institution which has to let itself controlled by an independent
board.
The aim towards we should steer is: giving TLD`s only after rules which are
for all the same rules, and in an open decision. And then it will be clear
that everyone who defends his rights about a domain is accepted by all
others.

Andy, you don´t like lawyers, but there are lawyers who like to give advices
for a better solution of a detected problem.

Best regards

Christian

Christian Schultz
RA, StD.a.D., Kommunalberatung
58097 Hagen, Kammannstr. 18
Tel.: 02331 - 843407, Fax: 02331 - 843408
SchultzKom@t-online.de
-----Ursprüngliche Nachricht-----
Von: owner-icann-europe@fitug.de [mailto:owner-icann-europe@fitug.de]Im
Auftrag von Marc Schneiders
Gesendet: Mittwoch, 18. Oktober 2000 12:04
An: Andreas Fügner
Cc: icann-europe@fitug.de
Betreff: Re: AW: [ICANN-EU] AMM's "government statement"


On Wed, 18 Oct 2000, Andreas Fügner wrote:

[AMM wrote:]
> >I strongly support protected areas for tm holders´, but not the whole
> >name space as a protected area for the name space holders.
>
> That would be a violation by itself.
> A theoretical solution would be to create a TM free zone.
> Pretty much like the news groups for flame and hate language.
> Unfortunately TM laws do not allow such a thing. A TM holder
> is by law required to fight ALL violations in order to keep his right.

That may be true, if you sell shoes, and I also sell shoes using the
same name. If I sell cars, you do not have to sue me, if I use the
same name, and you would not win, if you did. On the level of domain
names, things go much further, thanks to the UDRP. Can Madonna, the
Singer, porn-star and 'actress', claim the TM Madonna for every
product and service? No, not under TM law. She can claim the domain
Madonna.com, and she gets it. Is this *necessary* to defend her TM? Of
course not. She doesn't sue a hospital that is called Madonna, and she
doesn't have to to keep her TM. I think the idea that TM owners are
forced to go after domain names, is invented, like so many other
things, by TM lawyers. Yes, I am so paranoid.

--
Marc Schneiders
----------------------------
"ICANN is a two edged sword
and the trademark interests
have been swinging
their edge recently.
But beware of the backstroke."
(Karl Auerbach)
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