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[comments-wipo] Treatment of "Famous Names" in new TLDs
ICANN and WIPO should tread with extreme caution in
granting any kind of blanket protection to "famous" trademarked
Aside from argument as to what constitutes a
"famous" name, the process is open to a great deal of abuse. Where a word mark
consists of a word in common usage, "famous name" protection should not exist at
all. For example, "Apple Computer" might be viewed as a famous mark, but what of
apple alone? What about a grower of apples? Or a processor of apples. Or someone
who wants to post an intellectual site about the horticulture of
Trademark Law recognizes this by having 42
international classification categories for the registrations of marks.
"Cadillac Automobiles" and "Cadillac Dog Food" have managed to coexist for
What is the point of adding new top level domains
if a handful of powerful mark holders can attempt to pre-capture many of the
best second level names?