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Re: [wg-b] Preliminary Questions
> >Domain names are not trademarks. They have no trademark status, and they
> >are not protected by the existing Famous Marks treaties.
Harald Tveit Alvestrand wrote:
> Domain names have been considered to constitute infringement upon both
> Famous Marks and Trademarks. See court cases referred to earlier on the list.
Dennis's point stands. The mere fact that domain names *can* infringe upon a famous
(or other) mark does not mean that famous mark holders enjoy protection against the
registration of a domain name. That is an issue of fact, to be decided by a
court--not a registry, a registrar, ICANN, or one of its Working Groups.
> >We would be on far more solid ground by asking all signatories to PARIS
> >and TRIPS to submit their famous marks lists to us, and asking registries to do
> a name
> >check and issue a trademark "encroachment" warning.
This is unacceptable--unless registries voluntarily offer to do this and/or are
compensated for it. Trademark holders are economically responsible for the cost of
policing their marks. No law that I know of gives trademark holders the right to
impose those costs upon other businesses.
m i l t o n m u e l l e r // m u e l l e r @ s y r . e d u
syracuse university http://istweb.syr.edu/~mueller/