[comments-wipo] Support for sunrise, not filtering

[Paul Hoffman <phoffman@proper.com>]

Tthe current thinking of the registrars, to "back the creation of a Famous 
Marks list by a qualified administrative panel such as WIPO, provided that 
such list is only used in connection with a voluntary sunrise period and 
NOT in connection with any filtering mechanism", is the best way forward. 
Famous marks have some precedent in international law, but not nearly 
enough to justify filtering them out of new gTLDs.

International law is not very clear, and WIPO is an advisory group and not 
forum for legal jurisprudence. The list provided by them should not be 
taken as definitive or judicial. The best way to balance the desire for 
remediation of some of the possible damage of new gTLDs to trademark owners 
and the desire for gTLDs to thrive is to give the WIPO-based list of owners 
a short period (maybe two weeks) to register their famous marks first.

It should be noted that famous mark owners should not be able to register 
names that are non-confusing. To use a recent example, it would be 
completely wrong to let Nike register "nike-sucks.newgtld" in the sunrise 
period. They should only be able to register their own name and ones that 
are likely to be considered confusing.

--Paul Hoffman