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

[Marc Schneiders <marc@schneiders.org>]

> 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.

Indeed, I can remember that. Is Madonna a famous trademark? Is she
entitled to this common dictionary word in ALL classes? She would not
in any ordinary trademark dispute.

> 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.

I cannot remember to have discussed this with you, or to have even
read about it. Please, show me where *we* discussed ARD vs. Kabel 1.
There is no search facility for the archives of this list, but since
you have such clear recollection of this discussion between us, no
doubt you will easily be able to refresh my memory. If we in fact did
not discuss this case, and I did not simply forget about it, I would
say the following line from your message is certainly way out of
line. If we did discuss it, the arguments brought forward in that
discussion might give a clue as to the appropriateness of your
allegation.

> Are you trying to mislead new readers of this ML? 

-- 
Marc Schneiders
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"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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