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Re: The Fame Claim List -was [wg-b] notification as compromise?
Actually, I think the analogy doesn't fit. The Internet is a stream of
commercial and noncommercial communication, not a system solely of electronic
commerce. In the real world, there is no notification system to tell anyone
if a noncommercial group decides to call itself the Apple Association or
distribute the noncommercial Wendy's Zine. Your recommendation of alerting
a commercial trademark owner of a noncommercial user's domain name
registration is a) unprecedented and b) likely to cause great problems for
the domain name holder unnecessarily.
Given that the costs of monitoring the WHOIS database and finding posted
websites is so low, why don't we give the market a shot at providing the
services that trademark owners can buy and use.
> There is a useful function in putting the DN owner on notice that there
> might be a prior rights holder. Because infringement is determined on a
> similarity rather than an identity standard, there is a need for a human
> element, and human elements can lead to bureacracies. Many countries in
> the world do not have examination for prior rights - that streamlines the
> application process, but that can also create more inter-partes proceedings
> (TM owners attempting to oppose applications or cance registrations). With
> notification, the DN owner has certainty in its ability to use a name
> earlier in the process. Functions such as the fame claim list would
> seemingly be automatic (and non-judgemental), and provide notification.