[wg-b] Famous marks -- country-by-country survey, and questions

[Attyross@aol.com]

Research indicates that the following countries provide some type
of legal protection for famous or well-known trademarks, either statutory
or by common law (as of 1997).  They are posted for discussion purposes
in connection with the current vote.  I am still undecided, so I would
welcome any feedback.

Argentina
Australia 
Benelux 
Brazil 
Canada 
Chile 
China, People's Republic of 
Columbia 
France 
Germany 
India 
Indonesia 
Israel 
Japan (includes a "blacklist")
Korea, South 
Mexico (includes a "blacklist") 
Pakistan 
Peru 
Saudi Arabia 
Singapore 
South Africa 
Spain 
Sweden 
United Kingdom 
United States 
Venezuela 

Source:  1997 on-line article in LJX.com (now owned by LawNewsNet.com)
Citations to statutes and cases available upon request.
(URL no longer available; permission to reprint not yet obtained.)

Queries to the Group:
  - Are these laws consistent?
  - Does the presence of so many laws mean that we don't need further
           "protection" or considerations for domain names?  -- OR --
  - Does the lack of protection in a lot of countries mean that we DO? -- OR 
--
  - Does the presence of so many (possibly different) laws indicate that
           we should have at least some type of uniform system (even 
extra-legal)
           for handling domain names in some way in the international context?
  - If we think "famous" or "well-known" marks should be handled only by
           trademark LAW and not by private or quasi-private domain name 
policies,
           does this mean we are disagreeing with the White Paper, the ICANN
           Board Resolutions, NSI's domain name dispute policy and the 
           proposed uniform domain name dispute policy?  (This last point
           has not been researched, but a keyword search on all of these
           documents came up with hits either on "famous" or "commonly 
known".)
           (Or are these terms not the same?)
  - If a uniform "famous" domain name policy is needed, can it be implemented?
  - Am I even asking the right questions?  Other implications?

Regards,
Otho Ross
Attorney, NY, NY
(private practice, Internet & IP Law)