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Re: [wg-b] notification as compromise?
At 12:27 03.09.99 -0500, eileen kent wrote:
>I believe that granting exceptions is unworkable for the many reasons that
>have already been discussed. Would a notification system be practicable?
>warranted? desireable? In other words, if someone registered
>thenissancar.org, notification would be automatically sent to the Nissan
>car manufacturer. If Nissan felt the site was in contradiciton of the
>representations (paragraph 2 in the model agreement drafted by Skadden,
>Arp, et al) then Nissan could avail itself of dispute resolution. In this
>way the logical filter could look for the string without the dire
>consequences of barring registration. Is this a possible compromise?
One of the domains in the list of examples was RENISSANCECRUISELINES
(misspelling, but not targeted at Nissan).
Another was TENNISSANDIEGO.
I think a "register for notification when substring appears" would be
workable tchnically - all it would require is a trigger routine at the
registry and someone at Nissan willing to drop false positives in the
Of course there's a cost - which would probaby have to be paid by the mark
owner. AND it's not foolproof - enumerating all possible misspellings and
homonyms is far from easy - so you would likely miss a few.
(If the domain name database is searchable for substrings, you don't even
have to have the registry involved - "search every 3rd day" is a business
opportunity - but that has privacy implications too - see discussion in
WIPO report on open databases).
Politically - I don't know. But at first blush, I like it MUCH better than
the original famous mark proposal.
Harald Tveit Alvestrand, Maxware, Norway