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Re: [wg-b] Position Papers



Marty: in response to your note that comparative advertising is illegal in 
South Africa but not in the US.  This is exactly the zone of discussion which 
points to an absolute line which ICANN should not cross.  It cannot be our 
job to legislate regulation -- particularly regulation impacting commercial 
and noncommercial speech -- across national boundaries.  Our job is pass the 
minimum technical and legal standards necessary to maintain and grow the 
Internet.  Particularly in famous marks, I think we will more successful in 
our recommendations if we think of minimum rather than maximum. 

Kathryn Kleiman 


> KathrynKl wrote: 
>  >Similarly, a concern about oreos might be reflected in a domain name such 
> as oreo-lovers.org or hydrox-versus-oreo-compare.com.
>  
Martys@interport.net responded:

>  btw, it does not go without saying that the use of either of these names is
>  per se lawful.  the second one, for example, would be per se unlawful in
>  South Africa, where comparative advertising identifying brands is 
prohibited.
>  
>  
>