Gmail Illegal in Germany?

A German court ruled it illegal for Google to use the email domain “gmail.com”

" As Golem reports, Google already changed their email’s name to “Google Mail” for German users, but the gmail.com extension prevails so far – now the state court of Hamburg said Google may not offer emails with this extension to German users.

Daniel Giersch owns the trademark “Gmail” in Germany and isn’t willing to give up easily. He already rejected an offer from Google to buy the name from him, Giersch said on Golem. I wonder if he should truly have any more rights than to the domain Gmail.de?"

Via GmailTools

*Is this the similar case of visa.com.my?

Just in case you don't know what is the case i mentioned,

"Blewtooth was contacted via email (and registered mail - Updated 29.June.2005) by a legal firm which represents Visa International Service Association of 900 Metro Center Boulevard, Foster City, California 94404, United States of America this morning. In the email, the representative has ordered blewtooth to give up the domain www.visa.com.my within 7 days. In the email, the representative said the use of visa in the domain name has infringed Visa International's trademark." Quoted from Visa.com.my