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Corinithians Reversed: Federal Court WIPO UDRP Challenge Upheld
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I have to say that I did always think that it was Yan, not Yang, but then I'm not in the SHipping dept so maybe you're right and I'm wrong. Anyway the point I was trying to make (perhaps not very well!) is that where a mark has some goodwill, and as a consumer I am aware of that reputation, I think automatically associate that mark with the source of the commodity in question. The mark could be a sign, a jingle (eg the Intel music) or even a smell (as in that tyre case - I can't remember the brand).
However all we're concerned about here is the western alphabet as that is what *we* use for this purpose. A factory worker in rural CHina may not understand the aphabet we use at all, but he may still recognise the letters that go to make the words "Coca-Cola" on a can of fizzy pop. That's all I am concerned about here.
Anyway, I do think that protest sites should be protected as a species. We have that protection under the new Nominet rules for the .uk tld. That means we don't have to ponce about trying to apply general rules that don't fit the situation properly. At the end of the day you're right. Trademark law does not fit comfortably as the governing law of domain name disputes.
But as I said at the outset, trademarks *must* still be protected, because the alternative is the anarchy that governed commerce in the mid 19th century. I really saw a documentary on TV that reviewed a scientific analysis of consumer products before the introduction of the TM registration system. You just do not want to know what they found in the ice cream sample...
mjr
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