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Re: [Fwd: [wg-b] "Oops" domains: La illah wa allah wa muhammad rasulbuyuk....]




The concept of 10,000 famous marks in a country is a little unusual. How
many of those are in katakana? Japan encouraged ex parte applications to
have one's mark declared to be famous, at one point, and that was regarded
by some (including my clients) as a scam.

I might be merely guessing about jelly beans in a jar, but I would be
surprised if more than 10,000 TM owners worldwide would participate in the
exclusion process, and likely fewer would participate in a fame claim list.



>Mark R Measday wrote:
>
>> Marty,
>>
>> No disagreement with your logic or preferences. However, it would be my
naive
>> opinion that a database incorporating semantic string matching for all
relevant
>> languages which choose to have meaningful expression within the
restricting ASCII
>> convention is a slightly larger enterprise that that which Ms Cade
mooted. Not
>> that it would be impossible, and certainly extremely interesting. It's
usefulness
>> would presumably rest on being able to get the equivalent of the 10,000
Japanese
>> names from each country. There are agencies already specialised in this
kind of
>> activity outside the US, I do not know about the US itself.. I think
we'd be
>> interested to set it up on a trial basis, if that's what other people
want..
>>
>> Mark Measday
>>
>> "Jonathan Cohen" wrote:
>>
>> > This scenario is an argument against procedures which create automatic
>> > results such as exclusions and in favor of procedures which advise
parties'
>> > of each others existence such as searching and notification.
>> >
>> > It is useful for UKGAMES to know of the scope of Buyuk Turkey's
rights, and
>> > vice versa.  Most businesses do not want to infringe or be infringed
upon.
>> > To apply for an exclsion and then have one company challenge the others'
>> > exclusion seems like a pointless exercise.
>> >
>> > At 07:52 PM 9/8/99 +0200, Mark R Measday wrote:
>> >
>> > >Slightly off-topic. Tried coming up with a reasoned response to include
>> > fully the
>> > >linguistic accidents Mr Schwimmer alludes to and Harald's slightly hasty
>> > dismissal
>> > >of Japanese famous marks, one assumes there will not be many famous
>> > Norwegian marks
>> > >in Japan either.
>> > >
>> > >However can I forward you this as a broader statement of a problem of
>> > which you
>> > >would have to take account: i.e. putative famous marks which are part of
>> > the normal
>> > >discourse of another language and vice versa. Example for theoretical
>> > examples sake,
>> > >semantics and references changed..
>> > >
>> > >Subject: Re: [Re: Bizi niçin kimse duymuyor???]
>> > >
>> > >ALLAH ASKINA YARDIMLARINIZI KENDINIZ ULASTIRINIZ. BURADA INSANLAR 6-7
GÜN
>> > >KUYRUKTA BEKLIYORLAR. VE CADIR ALAMIYORLAR. BIR EKIBINIZ YOK MU? BURADA
>> > >FELAKET GELIYORUM DIYOR. GELIN YARDIMLARINIZI ORGANIZE EDIN.
INSANLARI TESBIT
>> > >EDIN. ÖZELLIKLE ÇADIR VE UYKU TULUMU BÜYÜK IHTIYAÇ. DAHA NASIL
ANLATALIM.
>> > >DEVLET SAKARYA DA 2500 ÖLÜDEN BAHSEDIYOR. BURAYI BILEN BIRISI YOK MU?
SEHIR
>> > >YERLER BIR OLMUS VE EN AZ 10,000 ÖLÜ VAR. NIÇIN BUNLAR SAKLANIYOR?
ÇOCUKLAR
>> > >HASTA. ÖLECEKLER. SIZ MODERN BIR DÜNYADASINIZ ALLAH ASKINA GELIN
BURAYI BIR
>> > >GÖRÜN. BURASI DÜNYANIN EN BÜYÜK VE GÖRÜLMEMIS BIR SAGLIK FELAKETINI
>> > >YASAYABILIR. VE BÜROKRASI KESINLIKLE FARKINDA DEGIL. BURAYA GELIN.
>> > >
>> > >Interested in the relative merits of Buyuk.com, buyuk.plc.uk,
buyuk.tr and
>> > their
>> > >putative famous marks, should they be respectively accorded in Paris
>> > Convention-like
>> > >fashion..
>> > >
>> > >For this example, who is going to send what to whom from the proposed
>> > infringement
>> > >database? Who is in there? The first one to become amazon.buyuk.tld? Not
>> > that that
>> > >would be a bad thing.
>> > >
>> > >However, it would seem to me that the home of buyuk.com as a famous mark
>> > is in
>> > >Turkey, as part of natural language prior to any commercial property
>> > considerations,
>> > >and the use of idiomatic Turkish expressions meaning 'famous engineering
>> > and leisure
>> > >company' in TLD strings should be passed to the appropriate authority
before
>> > >approval..
>> > >
>> > >Please correct me if it is a misconception.that, at the point that
>> > buyuk.tr, that
>> > >famous global Turkish engineering and leisure company,  attempts to
>> > register as a
>> > >famous mark (some wayaway), it will be able to demand that ukgames (the
>> > owner of
>> > >buyuk.com) return its appropriate domain?
>> > >
>> > >That was attempting to apply the rules as I understood from your
>> > discourse. Have
>> > >they got it wrong?
>> > >
>> > >Attachment Converted: "C:\EUDORA\Attach\measday.vcf"
>> > >
>> >
>> > @ @ @ @ @ @ @ @ @
>
>Attachment Converted: "C:\EUDORA\Attach\measday3.vcf"
>

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