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Re: [wg-b] Famous marks -- country-by-country survey, and questions
At 14:50 21.10.99 -0400, Attyross@aol.com wrote:
>Queries to the Group:
> - Are these laws consistent?
Even if the laws are consistent, the rulings in each individual case is
likely to be different from country to country - see the recently reported
case where Nike cannot sell sportswear under the name "Nike" in Spain.
> - 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
OR - does the presence of so many possibly conflicting laws mean that ICANN
should stay out of the area until it's better worked out?
> - 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,
No - they asked us to "consider" it.
>NSI's domain name dispute policy
No - that one is concerned with trademarks, not famous marks.
> and the
> proposed uniform domain name dispute policy?
No - the proposed UDRP does not make reference to special protection
mechanisms for famous marks. The famousness of a mark will of course be an
argument in cases brought before the UDRP (if it happens).
> (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
I don't know.
> - Am I even asking the right questions? Other implications?
Yes, I think so. And yes, there are other implications - particularly for
people using a word that is claimed to be a famous mark in a non-infringing
Harald Tveit Alvestrand, Maxware, Norway