[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]
[wg-b] Famous marks -- country-by-country survey, and questions
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.
China, People's Republic of
Japan (includes a "blacklist")
Mexico (includes a "blacklist")
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
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
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
(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?
Attorney, NY, NY
(private practice, Internet & IP Law)