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Re: [wg-b] How would .fame work?



At 08:56 13.12.99 -0500, martys@interport.net wrote:
>What is Milton right about precisely?
>
>The part about an administrative finding of fame being useful in a legal
>proceeding is correct, but an administrative finding of fame is part of the
>WIPO proposal.
>
>Other than that, I suppose you will agree that the existence of a .fame
>will have no effect whatsoever on whether there is piracy in an
>unrestricted commercial TLD such as .firm.

Yes. And I think that's a feature.
The only (marginal) effect may be that some cyberpirates will think twice 
about pirating famous marks because they can easily see that they'll lose - 
but the same effect stifles legitimate free speech using the same marks.

>   Mueller acknoweldged that by
>saying that the deterrents were UDRP and cyberpiracy legislation (although
>the cyberpiracy bill won't apply to registrants over whom US courts don't
>have personal jurisdiction.

Given that some US courts claim jurisdiction on fights between New 
Zealanders, I'm still wondering what the limit of US jurisdiction is.

  Your hypo which assukes that there will ever be a .warriors TLD is absurd,
>and your assumption that Amazon.com would care about amazon.warriors is
>equally absurd, but jsut to go along with the joke, you have just
>illustrated the same point that Ms. Rony did with her .law hypo - if all
>new TLDs had suffixes which provided context with which to interpret the
>SLD, such as a .art, .fan, .nom, or even a .sux, then cyberpiracy would be
>reduced and just as importantly, "string disputes" would be reduced as
>well.

Yes. But that's a WG-C debate.
I just wish the things that you and I think of as "absurd" would stop 
happening - see etoy.com.

>  .fame is not such a TLD.

It certainly provides a context with which to interpret it - 
.famous-marks.wipo.int provides even more context.

.fame is an example.
(btw, "fan" means "Satan" (cussword) in Norwegian. Careful with those 
meanings... - .nu is very popular in Sweden because it means "now" in 
swedish. Context?)

                              Harald

--
Harald Tveit Alvestrand, EDB Maxware, Norway
Harald.Alvestrand@edb.maxware.no