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

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

Dear Marc:

-----Ursprüngliche Nachricht-----
Von: Marc Schneiders <marc@schneiders.org>
An: Andreas Fügner <Andreas.Fuegner@lizenz.com>
Cc: icann-europe@fitug.de <icann-europe@fitug.de>
Datum: Mittwoch, 18. Oktober 2000 14:29
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.
> AF wrote:
>> 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.

Marc, we discussed the issue of "famous TMs" with protection
across classes of products and services at length earlier.

We also discussed the case of ARD vs. Kabel 1
were ARD lost its trademark because it had failed
to defend it against an earlier violation.
Are you trying to mislead new readers of this ML?

>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.

See above.

>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.

Maybe paranoid, certainly unwilling to accept TM laws, court decisions
and the value of intellectual property.

Andreas Fuegner